Devisingh vs State Of Rajasthan (2025:Rj-Jd:40679)
2025 Latest Caselaw 13085 Raj

Rajasthan High Court - Jodhpur

Devisingh vs State Of Rajasthan (2025:Rj-Jd:40679) on 11 September, 2025

[2025:RJ-JD:40679]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 7501/2025

Devisingh S/o Shri Mukan Singh, Aged About 40 Years, R/o
Village Rawatpura, Mansar, Tehsil Phalsundand District Jaisalmer.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Sumer Singh Rajpurohit.
For Respondent(s)          :    Mr. PS Panwar, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

11/09/2025

1. Learned counsel for the petitioner submits that the petitioner

has filed an application before the learned ACJM, Pokaran, District

Jaisalmer, wherein it has been prayed that his complaint be

forwarded to Police Station, Phalsund, District Jaisalmer with

directions to register a First Information Report under Sections

173(4) of Bharatiya Nagarik Suraksha Sanhita, 2023, and

thereafter, upon completion of investigation, the accused persons

be tried and punished with the strictest penalty in accordance with

law.

2. It is further submitted that the aforesaid application has

been rejected by the learned trial Court vide order dated

18.07.2025, while observing that the proceedings under Section

175(4) of BNSS, 2023 has already been initiated and without

concluding the same no further order or directions can be passed

at this stage. Since the offences disclosed are cognizable in

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[2025:RJ-JD:40679] (2 of 2) [CRLMP-7501/2025]

nature, the matter requires investigation by the police authorities,

hence, it is submitted that the learned trial Court to forward the

petitioner's complaint to the concerned police station for lodging

the FIR and further investigation.

3. Learned counsel for the petitioner further submits that the

learned trial Court may be directed to conclude the proceedings

under Section 175(4) of the BNSS, 2023, expeditiously.

4. Learned counsel for the petitioner placed reliance on the

judgment rendered by the Hon'ble Apex Court in Lalita Kumari

vs. Government of Uttar Pradesh & Ors., (2014) 2 SCC 1 :

AIR 2014 SC 187, wherein it was categorically held that

registration of FIR is mandatory under Section 154 of the Cr.P.C.

(now Section 173 of the BNSS, 2023) if the information discloses

commission of a cognizable offence and no preliminary inquiry is

permissible in such a situation.

5. Learned Public Prosecutor does not object to the aforesaid

submissions.

6. After hearing the arguments advanced by learned counsel for

the petitioner and upon perusal of the record, the instant petition

is disposed of with a direction to the learned ACJM, Pokaran,

District Jaisalmer, to conclude the proceedings under Section

175(4) of the BNSS, 2023 expeditiously, preferably within a period

of 60 days from the date of receipt of the certified copy of this

order. Pending application, if any, stands disposed of.

(MUKESH RAJPUROHIT),J 94-/Jitender//-

(Uploaded on 12/09/2025 at 08:06:50 PM)

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