[2026:RJ-JP:27175] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5788/2024 URN: CRLMP / 11874U / 2024 Smt. Meeta Chaudhary D/o Shri Laxman Singh, Aged About 40 Years, R/o Laadiya Mohalla, Behind Choki School, Kachari Road, Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Shayam Singh Rajawat S/o Unknown, Concerned With Kanika Build-Home Developers Private Limited, Address Apex Mall Lalkothi, Jaipur. 3. Manju Rajawat W/o Shri Shayam Singh Rajawat, Concerned With Kanika Build-Home Developers Private Limited, Address Apex Mall Lalkothi, Jaipur. 4. Jitesh @ Yogesh S/o Unknown, Concerned With Kanika Build-Home Developers Private Limited, Address Apex Mall Lalkothi, Jaipur. 5. Tulsiram Chaudhary S/o Unknown, Concerned With Kanika Build-Home Developers Private Limited, Address Apex Mall Lalkothi, Jaipur. ----Respondents For Petitioner(s) : Mr. Vaibhav Pancholy with Mr. Pawan Sharma for Mr. Krishan Chander Sharma For Respondent(s) : Ms. Arti Sharma, PP JUSTICE ANOOP KUMAR DHAND Order 16/07/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 10.07.2024, passed by the ld. Additional Senior Civil Judge & Additional Chief Judicial Magistrate No. 7, Jaipur Metropolitan I, by which an [2026:RJ-JP:27175] (2 of 3) [CRLMP-5788/2024] application submitted by the complainant-petitioner under Section 156(3) Cr.P.C. for sending the matter for investigation to the concerned Police Station has been denied and the matter has been kept under inquiry under Section 200 Cr.P.C. 2. Learned counsel for the petitioner submits that a similar complaint against the same accused person was also submitted by a different complainant i.e. Pratap Singh, before the same court, wherein the same prayer was made and a similar order was passed by the court below on the same date i.e. 10.07.2024. Learned counsel submits that in the said matter also, instead of sending the matter for investigation to the concerned Police Station under Section 156(3) Cr.P.C., a complaint was entertained by the Ld. Magistrate under Section 200 Cr.P.C. for conducting inquiry. Learned counsel submits that the said de facto complainant-Pratap Singh had approached this court by way of filing S.B. Criminal Misc. Petition No.5753/2024 (Pratap Singh Vs. State of Rajasthan & others) and the same was allowed by this court vide order dated 05.09.2024 and a direction has been issued for sending the complaint for investigation under Section 156(3) Cr.P.C. to the concerned Police Station. Learned counsel submits that the same parity be maintained in the instant case as well. 3. Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner, but she is not in a position to controvert the submissions so made by learned counsel for the petitioner. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. [2026:RJ-JP:27175] (3 of 3) [CRLMP-5788/2024] 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that in an identical situation this court in the case of Pratap Singh (supra) has quashed and set aside the order dated 10.07.2024 and has issued a direction to the Court below for sending the matter for investigation under Section 156(3) Cr.P.C. to the concerned Police Station, this Court finds no valid reason to take a different view. 6. Accordingly, the instant criminal misc. petition stands allowed. The impugned order dated 10.07.2024 passed by the ld. Additional Senior Civil Judge and Additional Chief Judicial Magistrate No.7, Jaipur Metropolitan I, stands quashed and set aside and the Trial Court is directed to send the complaint filed by the petitioner for investigation under Section 156(3) Cr.P.C. to the concerned Police Station. (ANOOP KUMAR DHAND),J 46/Karan