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2026 DAILYLAW 5306 (RAJ)

PRAHLAD YADAV S/O SHRI GAINDARAM YADAV, v. STATE OF RAJASTHAN

CRLMP/38/2026 · 2026-04-17

Uma Shanker Vyas

body2026

Judgment text

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[2026:RJ-JP:16275] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 38/2026 Prahlad Yadav S/o Shri Gaindaram Yadav, Aged About 45 Years, R/o Village Chhuvar Ka Bas, Tehsil Amer, District Jaipur. ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Director General of Police, Rajasthan, Jaipur. 3. Commissioner of Police, Jaipur. 4. Station House Officer, Police Station Chomu, Jaipur (West). ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 6106/2020 Prahlad Yadav S/o Shri Gainda Lal Yadav, Aged About 43 Years, R/o Village Chhunwar Ka Bas, Tehsil Amer, Dist. Jaipur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor. 2. Commissioner of Police, Police Commissionerate Jaipur Metropolitan 3. Deputy Commissioner of Police West, Jaipur Metropolitan ----Respondents For Petitioner(s) : None present For Respondent(s) : Ms. Manju Dave, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 17/04/2026 No one is present on behalf of petitioner-complainant. The defect(s) pointed out by the office are waived. [2026:RJ-JP:16275] (2 of 2) [CRLMP-38/2026] The petitioner-complainant has preferred these criminal miscellaneous petitions seeking fair investigation. A complaint has been filed by the complainant before the concerned Court which was forwarded under Section 175(3) of Bhartiya Nagrik Suraksha Sanhita ("BNSS") to the concerned police station whereupon the present FIR came to be registered. Heard learned Public Prosecutor appearing for the State. Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of U.P. & Ors., AIR 2008 SC 907 has held that the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation and for this purpose, he can monitor the investigation to ensure that the investigation is done properly. The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C./528 of BNSS simply because a person has a grievance that after registration of FIR, proper investigation has not been done by the police. In view of above, this Court is not inclined to entertain these criminal miscellaneous petitions. The same are accordingly dismissed. However, the petitioner would be at liberty to approach the concerned Magistrate for redressing his grievance. (UMA SHANKER VYAS),J YOGESH KUMAR /112-113