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[2026:RJ-JD:5634]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 10223/2025

Deepak Joshi S/o Gopi Lal, Aged About 41 Years, R/o Badi Josiyo

Ki Bhagal, Tehsil Gogunda, Distt. Udaipur.

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. The Station House Officer, The Station House Officer Of

Police Station Gogunda, District Udaipur.

3. Ashok Joshi S/o Prem Shankar Joshi, R/o Chhoti Joshiyo

Ki Bhagal, Jaswantgarh, Tehsil Gogunda, District Udaipur.

----Respondents

For Petitioner(s) : Mr. Vivek Agarwal

For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

29/01/2026

1. The present criminal miscellaneous petition has been filed

under Section 528 of BNSS by the petitioner with the following

prayer: -

“It is, therefore, most respectfully prayed on behalf of

petitioners that this Cr. Misc. petition may kindly be allowed

and the observation made by Respondent No.02 - Station

House Officer of Police Station Gogunda, District Udaipur by

Observation dated 07.10.2025 may kindly be quashed and set

aside and he may be directed to register the FIR and make the

investigation accordingly.”

2. Brief facts of the case are that on 23.09.2025, petitioner filed

a complaint against respondent No.3 before the learned

Magistrate, Gogunda, District Udaipur, wherein, it was alleged that

he received life threats from the respondent No.3 and messages

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using abusive languages via Instagram. The learned Magistrate

under Section 175(3) of BNSS forwarded petitioner’s complainant

to the SHO, Gogunda for investigation vide order dated

25.09.2025. Thereafter, the SHO, Gogunda submitted a report

observing that no case to proceed with investigation was made out

as no cognizable offences are made out in the complaint. The said

report of the SHO, Gogunda read as under:

“दि(cid:2)नांक: 07.10.2025 समय:— 01.15 पीएम

यह टाइपशु(cid:2)ा इ्ቜगाशा माननीय ्቗ायालय से अ्ቌगtiत धारा 175(3)

बीएनएसएस में ्ቚाቕኍ! ्ቦी (cid:2)ीपक जोशी पु्ቔ ्ቦी गोपी लाल जोशी जादित ्ቜा्ቧण

उ्቞ बादिलग दिनवासी बड़ी जोदिशयों को भागल गोगु्቎ा का जरिरये डाक ्ቚा्቎

हुआ।

मजमून रिरपोटti से मामला अपराध धारा 351 (2)(3) बीएनएस व आई.टी.

ए्ሴ का टाइप हो ्ቚा्቎ हुआ मजमून धारा असं्ሺेय होने से ्ቚकरण (cid:2)जti करना

दिवदिध स्ቜत नही ं होने से एवं आई.टी. ए्ሴ को ्ቚቕኍम दृ्ቖया कोई धारा नहीं

होने से इ्ቜगाशा वा्ቜे उदित आ(cid:2)ेशाቕኍti माननीय ्቗ायालय के सम्ቌ उदित

आ(cid:2)ेशाቕኍti पेश है। ”

3. Learned counsel for the petitioner submits that pursuant to

an order dated 25.09.2025 passed by the learned Magistrate

under Section 175(3) BNSS, the police after receiving the

complaint without any investigation submitted the report stating

therein that since offences under Sections 351(2) and 351(3) of

the BNS, 2023 are non-cognizabale and prima facie no specific

offences under the IT Act is mentioned in the complaint, thus, the

complaint cannot be registered.

4. The learned counsel for the petitioner further submits that

the respondent No.3, who is influential person, has given life

threats to the petitioner and sent messages to the petitioner using

abusive languages with dire consequences via Instagram. He

further submits that the manner in which the SHO, Gogunda acted

is against the law, as it was his duty to comply with the order

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passed by the learned Magistrate to investigate the matter and

should not have denied to proceed further only for a reason that

no cognizable offences were made out and no offences under the

IT Act were specified in complaint.

5. Learned counsel for the State submits that the action of the

SHO, Gogunda is well within the law for not proceeding further

since no cognizable offences were made out and no offence under

IT Act was specified in complaint.

6. Heard learned counsel for the petitioner and the public

prosecutor as well as perused th