[2026:RJ-JP:230] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7687/2025 Nitesh Son Of Shri Devi Singh, Resident Of Khatik Mohalla, Police Station Kaman, District Deeg, Raj. ----Complainant/Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Director General Of Police, Jaipur (Raj). 3. The Superintendent Of Police, Deeg District Deeg (Raj). 4. Station House Officer, Police Station Malakheda, District Deeg. ----Respondents For Petitioner(s) : Ms. Gulista Bano, Adv. For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/01/2026 1. The instant criminal misc. petition has been filed under Section 528 B.N.S.S. on behalf of the petitioner seeking direction for conducting fair and impartial investigation in FIR No.397/2025 registered at Police Station Malakheda, District Alwar (Raj.). 2. Petitioner filed the aforementioned FIR against the accused person named in the FIR for the offences punishable under Sections 189(2), 115(2), 103(1) and 85 of BNS, 2023. It is the case of the petitioner that police authorities have not taken any action against the accused person and thus appropriate direction be given for fair and impartial investigation of the FIR. [2026:RJ-JP:230] (2 of 2) [CRLMP-7687/2025] 3. This Court is of the opinion that in view of the observations made and directions given by the Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, the Judicial Magistrate has very wide powers to enquire about the investigation and for monitoring the investigation to ensure that the investigation is done properly. Apex Court has further observed that the High Court should discourage the practice of filing writ petitions or petitions under Section 528 B.N.S.S simply because a person has a grievance that investigation has not been done properly by the Police. For this grievance, the remedy lies before the concerned Magistrate. 4. In view of the Judgment of the Apex Court, I do not find any force in the criminal misc. petition and the same is accordingly disposed of. Stay application stands disposed of. 5. However, petitioner would be free to approach the concerned Magistrate to inquire about the progress of the investigation. (ANIL KUMAR UPMAN),J MADAN/122