[2025:RJ-JP:39435] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6063/2025 Chhitar S/o Ramu Mali, R/o Nimeda, Tehsil Phagi, District Jaipur, Rajasthan. ----Petitioner Versus 1. State of Rajsthan, through Public Prosecutor. 2. The Director General of Police, Rajasthan. 3. The Superintendent of Police, Jaipur Rural. 4. The Station House Officer, Police Station Phagi, District Jaipur Rural. ----Respondents For Petitioner(s) : Mr. Vikas Saini For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/09/2025 1. Petitioner-complainant has filed instant Criminal Misc. Petition under Section 528 of BNSS, 2023 seeking fair, impartial and expedite investigation in FIR No. 127/2025 registered at Police Station Phagi, District Jaipur for offences under Section 189(2), 126(2), 115(2) of the BNS, 2023. 2. On behalf of respondent-State, learned Public Prosecutor has put in appearance and submits that investigation in the FIR shall be continued expeditiously and fairly in accordance with law and shall be concluded as early as possible. 3. In view of submission of learned Public Prosecutor, no directions are required to be passed for concluding the investigation within time frame, however, if petitioner has any [2025:RJ-JP:39435] (2 of 2) [CRLMP-6063/2025] grievance, he is at liberty to approach the Judicial Magistrate, who is competent to monitor and issue the appropriate directions for fair and impartial investigation in exercise of powers under Section 175(3) of BNSS [erstwhile Section 156(3) of Cr.P.C]. 4. The Hon’ble Supreme Court in catena of judgment has clarified that the Judicial Magistrate has powers under Section 175(3) of BNSS [erstwhile Section 156(3) of Cr.P.C] to monitor the investigation so also to ensure the fair and impartial investigation, if required. Reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given. 5. In such view of the matter, since the alternative remedy is available to the petitioner to ventilate his grievance before the concerned Magistrate, this Court is not inclined to issue any direction for fair and expeditious investigation, in exercise of its inherent jurisdiction under Section 528 of BNSS, 2023. 6. Accordingly, the instant criminal miscellaneous petition is hereby dismissed. 7. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J NITIN /69