Hanuman Sahay S/O Late Shri Rampal Vs State of… — Cheating and Forgery | Rajasthan HC (2026)

Hanuman Sahay S/O Late Shri Rampal Vs State of… — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the High Court should itself grant a direction for conducting a fair investigation of FIR No. 359/2025 (P.S. Bassi, Jaipur City East) in view of the alleged police inaction, or whether the petitioner must instead seek redress before the Magistrate having jurisdiction in accordance with the Supreme Court's directions in Sakiri Vasu.

Court's answer

In view of the observations made and directions issued by the Supreme Court in Sakiri Vasu v. State of U.P. (AIR 2008 SC 907), no person should be encouraged to directly approach this Court for seeking a direction of fair investigation of an FIR filed by him/her.

Ratio / Principle

A person aggrieved by police inaction on his/her FIR should move the appropriate Court, i.e., the Magistrate having jurisdiction, in accordance with the Supreme Court's directions in Sakiri Vasu; that court can call for the report of the Investigating Officer, instruct the Investigating Officer to investigate the matter fairly, and thereafter issue appropriate directions in consonance with the view expressed by the Supreme Court.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Criminal Miscellaneous (Petition) No. 766/2026, order dated 12/03/2026 (Anil Kumar Upman, J.) — Petition by Hanuman Sahay seeking a direction for fair investigation of FIR No. 359/2025, P.S. Bassi, District Jaipur City (East) (offences under Ss. 319(2), 318(4), 338, 336(3), 340(2) & 61(2) BNS, 2023, corresponding to Ss. 419, 420, 467, 468, 471 & 120-B IPC), on the allegation that police had taken no action against the accused, DISMISSED. Following Sakiri Vasu v. State of U.P., AIR 2008 SC 907, the Court held that an aggrieved informant alleging police inaction should not directly approach the High Court for a fair-investigation direction; the appropriate course is to approach the Magistrate having jurisdiction, who may call for the Investigating Officer's report, instruct fair investigation, and issue directions in consonance with the Supreme Court's view.

[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 ----Respondent

State Of Rajasthan, Through Pp

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

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).

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.

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

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[2026:RJ-JP:10362]

[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.

Resultantly, the miscellaneous petition being bereft of any force, is dismissed.

(ANIL KUMAR UPMAN),J

GAUTAM JAIN /174