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2025 DAILYLAW 37848 (RAJ)

SHRI GOVIND GARG SON OF SHRI RAMLAL GARG v. STATE OF RAJASTHAN

CRLMP/4431/2025 · 2025-09-16

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:37627] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4431/2025 Shri Govind Garg Son Of Shri Ramlal Garg, Resident Of Vinayakam, Shastri Nagar Road, Ajmer Police Station Civil Lines, District Ajmer (Raj). ----Petitioner/Complainant Versus 1. State Of Rajasthan, Through P.p. 2. The Superintendent Of Police, District Ajmer, Civil Lines, Ajmer- 305001. 3. Station House Officer, Police Station Civil Lines, District Ajmer, Jaipur Road, Mirsali Colony, Ajmer, Rajasthan- 305001. ----Respondents For Petitioner(s) : Mr. Kartikey for Mr. Harshad Kapoor For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 16/09/2025 1. Complainant-petitioner has invoked the inherent jurisdiction of the High Court under Section 528 BNSS, 2023, praying for fair and impartial investigation in FIR No. 58/2024 registered on 17.02.2024 at Police Station Civil Line, District Ajmer for the offences under Sections 379, 384, 447 and 453 of IPC. 2. During the course of arguments, counsel for the petitioner admits that an application before the concerned Judicial Magistrate was filed to inquire about the present status of investigation. 3. On his application, progress report of investigation dated 12.05.2025 (Annx.3) was filed by the Investigating Officer before [2025:RJ-JP:37627] (2 of 2) [CRLMP-4431/2025] the Judicial Magistrate. As per the investigation report, police has proposed to submit negative final report and negative final report is to be filed before the Judicial Magistrate. 4. At this stage, counsel for the petitioner states that petitioner has moved a representation before the police authorities for re- investigation/ further investigation in the matter and due to non- response on such representations, he has approached this Court. 5. This Court is of the considered opinion that approaching before the High Court, even before filing of final report by the Investigating Officer before the concerned Judicial Magistrate, with a prayer for re-investigation/further investigation, is absolutely unwarranted and misconceived. In case, final negative report is produced by the Police, petitioner-complainant certainly has opportunity to submit protest petition before the concerned Judicial Magistrate. 6. In view of above, counsel for the petitioner does not press this petition and seeks permission to withdraw the same with liberty to take his objections before the concerned Judicial Magistrate, in case occasion so arises. 7. In view of above, instant petition stands dismissed as withdrawn with liberty as prayed for. 8. Pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Ritu/6