The petitioner sought investigation directions under BNSS Section 528. The Court held that since an alternative remedy under Section 175 BNSS existed before the Magistrate to address investigation grievances, the High Court declined to interfere and dismissed the petition.
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[2025:RJ-JP:34954]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2773/2025
Hemraj S/o Shri Ramchandra, Aged About 40 Years, Resident of Bardi Walon Ki Dhani, Manyawash, Mansarovar, Jaipur City (South), Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Tushar Sharma |
|---|---|---|
| Mr. | Jitendra Sharma | |
| For Respondent(s) | : Mr. |
Vivek Choudhary,PP |
HON'BLE MR. JUSTICE SUDESH BANSAL Order
01/09/2025
(2 of 2)
[2025:RJ-JP:34954]
[CRLMP-2773/2025]
175(3) of BNSS [erstwhile Section 156(3) of Cr.P.C] to monitor the investigation so also to ensure the fair and impartial investigation, if required. Reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given.
(SUDESH BANSAL),J
NITIN /4
1 issue framed by the court
Whether the High Court should direct fair and impartial investigation under inherent powers when alternative remedy exists before the Magistrate?
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of Uttar PradeshReferred¶20
Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] · Who else cites this
3 provisions across 1 enactments
Hemraj
State of Rajasthan
Inspector General of Police, Jaipur
Additional Superintendent of Police, Jaipur City (South)
SHO Police Station Muhana, Jaipur City (South)
SUDESH BANSAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
