[2025:RJ-JP:51974] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7532/2025 Premlata W/o Late Shri Arjun Lal Saini, R/o Ward No. 12, Podar Gate, Nawalgarh, Police Station Nawalgarh, District Jhunjhunu, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Public Prosecutor. 2. Anandilal S/o Late Shri Arjunlal, Aged About 65 Years, R/o Dera Wali Dhani, Behind Podar College, Nawalgarh, District Jhunjhunu, Rajasthan. 3. Smt. Manju Saini W/o Shri Anandilal, Aged About 60 Years, R/o Dera Wali Dhani, Behind Podar College, Nawalgarh, District Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Mr. Poonam Mishra, Adv. with Mr. B.L. Nasuna, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/12/2025 1. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 2. The instant Criminal Misc. Petition has been filed under Section 528 of BNSS, 2023 on behalf of the petitioner for issuing direction to the learned Additional Chief Judicial Magistrate, Nawalgarh, District Jhunjhunu to send complaint No.154/2025 filed by the petitioner for fair and proper investigation to the concerned Police Station Nawalgarh, District Jhunjhunu under Section 175(3) of BNSS for offences punishable under Sections [2025:RJ-JP:51974] (2 of 3) [CRLMP-7532/2025] 316(2), 319(2), 61, 322, 323, 338, 336(3) & 340(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 3. According to learned counsel for the petitioner, initially the petitioner filed a written report against the respondents No.2 & 3, upon which, no effective steps were taken by the concerned Investigating Officer. Thereafter, the petitioner approached the higher authority, namely the Superintendent of Police, Jhunjhunu, by submitting a representation dated 21.08.2025, seeking appropriate directions to the concerned Investigating Officer to take necessary action against the accused persons. However, despite the said representation, no action whatsoever was taken. Subsequently, petitioner filed the complaint No.154/2025 under Section 175(3) of BNSS before the learned Additional Chief Judicial Magistrate, Nawalgarh on 23.09.2025. Counsel for the petitioner submits that the factual report of the aforesaid complaint was summoned and simultaneously notices were issued to the accused-respondents to provide them opportunity of hearing before passing the order of cognizance as provided under Section 223 of BNSS. Counsel submits that as per the order-sheet, notices have already served upon the accused-respondents and factual report of investigation has also been received from the concerned Police Station. Counsel contends that despite service of notice and receipt of factual report of the aforesaid complaint, the learned Trial Magistrate is not passing any appropriate order on the aforesaid complaint of the petitioner. Hence, being aggrieved, the petitioner, who is 84 years old lady, has approached this Court by way of filing the present criminal misc. petition with the prayer [2025:RJ-JP:51974] (3 of 3) [CRLMP-7532/2025] that appropriate direction be issued to the learned Trial Magistrate to decide the issue of cognizance on the aforesaid complaint filed by the petitioner. 4. Having considered the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, this Court deems it appropriate to dispose of the present Criminal Misc. Petition with a direction to the learned Additional Chief Judicial Magistrate, Nawalgarh, District Jhunjhunu, to decide the issue of cognizance on the aforesaid Complaint No.154/2025 filed by the petitioner by way of passing a reasoned and speaking order, strictly in accordance with law, within a period of three months from the date of receipt of a certified copy of this order. 5. With the aforesaid directions, this Criminal Misc. Petition stands disposed of. 6. The stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J Manoj Solanki /305