Smt Rinku Meena W/O Mr. Kapil Meena Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Smt Rinku Meena W/O Mr. Kapil Meena Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the petition with liberty to the petitioner to approach the concerned Judicial Magistrate for ventilating her grievance; petition dismissed as withdrawn; stay application and pending application(s), if any, disposed of.

Issue for consideration

Whether the High Court should direct a fair, impartial and expeditious investigation in FIR No.91/2025 registered at Police Station Bander Sindri, District Ajmer (offences under Sections 115(2), 126(2) and 303(2) BNS). +1 more

Ratio / Principle

The Hon'ble Supreme Court, in a catena of judgments, has deprecated the practice of a complainant directly petitioning the High Court for such grievances instead of pursuing the statutory remedy before the Magistrate.

Key takeaways

Proceeding on counsel's undisputed position, the court treated the concerned Judicial Magistrate — who has power and jurisdiction under Section 175/176 BNSS [erstwhile Section 156(3) Cr.P.C.] to monitor the investigation and ensure fair and impartial investigation — as the proper forum for ventilation of the complainant's grievance, rather than direct recourse to the High Court under Section 528 BNSS.ratio¶20
Permission was granted to the petitioner to withdraw the petition with liberty to approach the concerned Judicial Magistrate for ventilating her grievance; the misc. petition was dismissed as withdrawn, and the stay application and pending application(s), if any, stand disposed of.ratio¶24

Detailed headnote1 paragraphs

Complainant in FIR No.91/2025 (P.S. Bander Sindri, District Ajmer; offences u/s. 115(2), 126(2) and 303(2) BNS) filed a criminal miscellaneous petition under Section 528 BNSS before the Rajasthan High Court (Jaipur Bench) seeking direction for fair, impartial and expeditious investigation, alleging that representations to higher authorities went unheeded. Counsel for the petitioner did not dispute that the grievance lay before the concerned Judicial Magistrate, who under Section 175/176 BNSS (erstwhile Section 156(3) Cr.P.C.) has power and jurisdiction to monitor the investigation and ensure its fairness; the court noted the Supreme Court's deprecation of direct recourse to the High Court in a catena of judgments, citing Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409. Permission to withdraw was granted with liberty to approach the Judicial Magistrate; the petition was dismissed as withdrawn and the stay and pending applications were disposed of.

[2025:RJ-JP:36103]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5454/2025

Smt Rinku Meena W/o Mr. Kapil Meena, Aged About 39 Years, R/ o 379K, Behind Ganesh Temple, Shivaji Nagar, Madanganj, Ajmer, Rajasthan.

----Petitioner

Versus

State Of Rajasthan, Through P.p. 2. The State Of Rajasthan, Through Additional Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.

The Director General Of Police, Head Quarter, Jaipur 4. The Superintendent Of Police, Ajmer, Rajasthan. 5. The Sho, Police Station Bander Sindri, District Ajmer, Rajasthan.

----Respondents

For Petitioner(s)	: Mr. PradeepMathur
For Respondent(s)	: Mr. Vivek Choudhary,PP

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/09/2025

Petitioner is a complainant and has filed this misc. petition under Section 528 BNSS, seeking direction for fair, impartial & expeditious investigation in FIR No.91/2025 registered at Police Station Bander Sindri, District Ajmer for offences u/s. 115(2), 126(2) and 303(2) of BNS.

Counsel for petitioner states that petitioner made several representations to higher Authorities to expedite the investigation, however, no heed was made.

Counsel for petitioner does not dispute that the petitioner, instead of approaching the concerned Judicial Magistrate, for ventilation of her grievance, who has power & jurisdiction under

(2 of 2)

[2025:RJ-JP:36103]

[CRLMP-5454/2025]

Section 175/ 176 of BNSS [erstwhile Section 156(3) of Cr.P.C] to monitor the investigation so also to ensure the fair and impartial investigation, has directly filed the instant criminal miscellaneous petition invoking the jurisdiction of High Court under Section 528 BNSS.

The Hon’ble Supreme Court in catena of judgment has deprecated such practice and the reference of judgment of Apex Court in Case of Sakiri Vasu Vs. State of Uttar Pradesh [(2008) 2 SCC 409] may be given.

In such view of the matter, counsel for petitioner does not want to pursue the petition on merits and seeks permission to withdraw the same with liberty to petitioner to approach before the concerned Judicial Magistrate, for ventilating her grievance.

Permission is granted.

Accordingly, the present misc. petition is dismissed as withdrawn with the liberty as prayed for.

Stay application and pending application(s), if any, stand disposed of.

(SUDESH BANSAL),J

Sachin/46