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2025 DAILYLAW 43063 (RAJ)

RAMESH MUDGAL SON OF SHRI BHRAHMADUTT MUDGAL v. STATE OF RAJASTHAN

CRLMP/5678/2024 · 2025-10-28

Mahendar Kumar Goyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:43215] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5678/2024 Ramesh Mudgal Son Of Shri Bhrahmadutt Mudgal, Aged About 40 Years, Resident Of 172, 17 Anand Garden, Gurugram ( Haryana). ----Complainant/Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Director General Of Police, Rajasthan, Jaipur (West). 3. Superintendent Of Police, Bhiwadi (Rajasthan). 4. S.h.o. Police Station, Bhiwadi, District Bhiwadi (Rajasthan). ----Respondents For Petitioner(s) : None Present For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 28/10/2025 This criminal misc. petition is filed seeking fair and impartial investigation in FIR No. 253/2024. None for the petitioner even in second round. Their Lordships have, in the case of Sakiri Vasu vs. State of UP and Others: (2008) 2 SCC 409, held that ordinarily the High Court should not interfere in the matters seeking fair and impartial investigation and the petitioner should be relegated to the alternative remedy available firstly under Section 154(3) Cr.P.C. and Section 36 Cr.P.C. before the concerned Police Officers and if that is of no avail, by approaching the concerned Magistrate under Section 156(3) Cr.P.C. [2025:RJ-JP:43215] (2 of 2) [CRLMP-5678/2024] No reason is forthcoming from the criminal misc. petition as to why without exhausting the alternative remedy, it has been filed before this Court. In view thereof, this criminal misc. petition is dismissed with liberty to the petitioner to avail the alternative remedy as provided in the case of Sakiri Vasu (supra). Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J DIKSHA /29