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[2026:RJ-JD:15165]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 873/2026

Dashrath Singh S/o Deep Singh, Aged About 40 Years, R/o 119, Roop Nagar, Police Station Hiranmagari, Udaipur, Rajasthan

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Tej Kanwar W/o Dashrath Singh, D/o Babu Singh, R/o Sasari, Police Station Khiwara, At Present Mandali, Police

Station Sadar, District Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. C.S. Rathore For Respondent(s) : Mr. Ramesh Dewasi, PP

Mr. Naman Mohnot

HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

02/04/2026 The instant Criminal Miscellaneous Petition has been

preferred by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), challenging the order dated 08.01.2026 passed by the learned Sessions Judge, Pali in Criminal Revision Case No. 94/2025, whereby the revision petition was dismissed and the order dated 01.09.2025 passed by the learned ACJM, Pali was upheld. The said order pertains to FIR No. 232/2022 of Police Station Sadar Pali, District Pali, whereby the final report was sent back for further investigation in accordance

with the order dated 29.05.2023 passed by this Hon’ble Court.

Learned counsel for the petitioner submits that the order

dated 01.09.2025, by which the learned trial Court sent the

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[2026:RJ-JD:15165] (2 of 3) [CRLMP-873/2026] matter for further investigation in exercise of powers under Section 173(8) Cr.P.C., is illegal and unsustainable in the eyes of law, as no sufficient grounds existed for directing further investigation. It is further submitted that the revision petition preferred against the said order was also wrongly rejected on

08.01.2026.

Per contra, learned counsel for the complainant submits that

the impugned orders have been passed by the learned Magistrate after due application of mind and in consonance with the directions issued by this Hon’ble Court vide order dated

29.05.2023.

This Court has considered the submissions made by learned

counsel for the parties and has perused the orders dated

01.09.2025 and 08.01.2026.

In the present case, this Hon’ble Court, vide order dated

29.05.2023 passed in S.B. CRLMP No. 2346/2023, directed the complainant to file a detailed representation before the Superintendent of Police and the Investigating Officer, who were directed to consider the same. It appears from the record that although the charge-sheet had been prepared prior to the said order, it was filed on 31.01.2024 without taking into consideration

the directions issued by this Court.

In view of the above, the learned trial Court, upon perusal of

the record and after examining the matter, and being satisfied that further investigation was warranted, exercised its discretion under

Section 173(8) Cr.P.C. and directed further investigation.

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[2026:RJ-JD:15165] (3 of 3) [CRLMP-873/2026]

This Court finds no illegality in the order passed by the

learned Chief Judicial Magistrate while exercising discretion under Section 173(8) Cr.P.C. The power under Section 173(8) Cr.P.C. is to be exercised by the Magistrate upon due application of mind, having regard to the facts and circumstances of each case, and

the same must be exercised judiciously.

A perusal of the order dated 01.09.2025 clearly reflects that

all necessary conditions were duly satisfied, and this Court finds no reason to interfere with the same. Furthermore, the revisional Court has also not found any ground for interference and has rightly dismissed the revision petition vide order dated

08.01.2026. This Court finds no illegality therein.

In view of the foregoing, this Court is not inclined to interfere

in the matter.

Accordingly, the instant Criminal Miscellaneous Petition is

dismissed.

All pending application(s), if any, also stand disposed of.

(BALJINDER SINGH SANDHU),J

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