[2026:RJ-JP:10362] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 766/2026 Hanuman Sahay S/o Late Shri Rampal, R/o Chavandiya, Bassi, Jaipur City (East) District Jaipur (Rajasthan) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Prasad Gautam For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2026 1. The instant miscellaneous petition has been filed by the petitioner seeking direction for conducting fair investigation of the FIR No.359/2025 registered at the P.S. Bassi, District Jaipur City (East) for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2) & 61(2) of the BNS, 2023 (corresponding to Sections 419, 420, 467, 468, 471 & 120-B of IPC). 2. The petitioner submitted an F.I.R. for the aforesaid offences but according to the petitioner, police authorities have not taken any action against the accused person. 3. This Court is of the opinion that in view of the observations made and directions issued by the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P., AIR 2008 SC 907, no person can be encouraged to directly approach this Court for seeking direction of fair investigation and if he/she is aggrieved of any lack of action by the police as regards the FIR which has been [2026:RJ-JP:10362] (2 of 2) [CRLMP-766/2026] filed by him/her, the appropriate course of action for the aggrieved person is to approach the Magistrate having jurisdiction, who can call for the report from the Investigating Officer and also instruct the Investigating Officer to investigate the matter fairly. If the petitioner is aggrieved by any inaction of the police, then he/she should move to the appropriate Court in accordance with the directions issued by the Hon’ble Supeme Court in the aforesaid judgment. Thereafter, the trial court shall call for the report from the I.O. and issue appropriate direction in consonance with the view expressed by the Hon'ble Supreme Court. 4. Resultantly, the miscellaneous petition being bereft of any force, is dismissed. (ANIL KUMAR UPMAN),J GAUTAM JAIN /174