[2025:RJ-JP:39656] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5834/2025 Tinu Yadav D/o Shri Sube Singh Yadav, Aged About 36 Years, R/o Kotputli, District Kotputli- Behror. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Devraj Singh S/o Indraj Singh, R/o 949, Ganesh Nagar, Main Niwaru Road, Police Station Kardhani, Jaipur (West), Present R/o Session Court, Jaipur, Sadar Jaipur. ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 5835/2025 Devraj Singh Son Of Indraj Singh, Aged About 42 Years, R/o 949 Ganesh Nagar Main, Niwaru Road, Police Station Kardhani, District Jaipur (Raj.), Presently Advocate In Session Court, Jaipur City. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Ms. Teenu Yadav Alias Teena Yadav, Enrollment No.R/1511/2018, Through President, The Bar Association, Jaipur Metropolitan, Jaipur 3. Principal Secretary, Bar Council Of India, 21, Rouse Avenue Institutional Area, New Delhi - 110002 4. Chairman, The Bar Council Of Rajasthan, Old High Court Building, Jodhpur - 342001 5. President, The Bar Association, Jaipur Metropolitan, Jaipur - 302016 6. President, District Bar Association, Kotputali, District Kotputli, Baharor (Raj.) - 303108 7. Station House Officer, Police Station Sadar, Jaipur (West), Jaipur (Raj. ----Respondents [2025:RJ-JP:39656] (2 of 3) [CRLMP-5834/2025] For Petitioner(s) : Mr. Sumer Singh Ola, Adv. For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Prakash Thakuriya, Adv. with Mr. Avi Airun, Adv. & Mr. T.C. Swami, Adv. (for petitioner in S.B. CRLMP No. 5835/2025) HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/09/2025 1. In S.B. Criminal Miscellaneous Petition No.5834/2025, petitioner-Tinu Yadav has made a prayer to quash the FIR No.246/2025 registered at Police Station Sadar Jaipur, District Jaipur (West) on behest of respondent No.2-complainant levelling allegation that the petitioner has not remained an enrolled Advocate before the Bar Council of India since she could not qualify the pre-examination, yet appeared in the criminal cases in the capacity of Advocate. 2. S.B. Criminal Miscellaneous Petition No.5835/2025, has been filed on behalf of complainant, praying for fair, impartial and expeditious investigation in FIR No.246/2025 and seeking certain directions against the Investigating Officer to seize certain articles. 3. Counsel for petitioner-Tinu Yadav states that complainant has no locus standi to lodge the impugned FIR as he is not victim or affected person yet he has received information that after investigation in the impugned FIR, police has proposed to submit a negative final report. 4. In that view, at this stage, counsel does not press this petition, however, seeks liberty to file a fresh, in case, negative [2025:RJ-JP:39656] (3 of 3) [CRLMP-5834/2025] final report is not submitted before the Court or any other fresh cause of action arises. 5. In view of above, without expressing any opinion on merits of the case, S.B. Criminal Miscellaneous Petition No.5834/2025 stands disposed of accordingly with the liberty prayed for. 6. As far as S.B. Criminal Miscellaneous Petition No.5835/2025 is concerned, if investigation in the FIR has not been concluded, complainant is at liberty to approach before the jurisdictional Judicial Magistrate to seek fair and impartial investigation in view of judgment of the Hon’ble Supreme Court in case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] wherein it has been clarified that the Judicial Magistrate has powers under Section 156(3) Cr.P.C. (175(3) of BNSS, 2023), to monitor the investigation so also to ensure the fair and impartial investigation, if required. 7. Accordingly, S.B. Criminal Miscellaneous Petition No.5835/2025 also stands disposed of with the aforesaid directions/ liberty. 8. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Mohita/Ronak/34-35