Magistrate May Seek Police Assistance Under Section 225 BNSS To Probe Complaint Without Ordering FIR: Rajasthan High Court

Rajasthan High Court has held that under Section 225 BNSS before issuing process, a Magistrate can–without ordering an FIR, direct a police officer or any other person who he thinks fit to conduct an investigation on a complaint to decide if there are sufficient grounds to proceed against the accused.The court observed that this investigation under Section 225 BNSS is "an extension of...

Termination Without Enquiry, Followed By Post-Facto Revocation 'Unknown To Law': Rajasthan High Court Slaps Costs On State

The Rajasthan High Court has criticized the State's action in terminating a contractual employee without enquiry, followed by a post-facto enquiry lading to revocation of termination.The bench of Justice Munnuri Laxman observed that the entire procedure adopted by the concerned authority was unknown to law and had caused undue hardship and mental agony to the Petitioner. It thus imposed a cost...

Section 311 CrPC Doesn't Permit Indefinite Delay Where Witnesses Remain Unavailable: Rajasthan High Court Upholds Closure Of Evidence

The Rajasthan High Court has held that when despite all efforts, presence of witnesses summoned under Section 311 CrPC could not be secured, trial court was justified in closing such evidence, thereby preventing efforts that would have resulted in prolonging the trial indefinitely. The bench of Justice Baljinder Singh Sandhu further held that a criminal trial is conducted by the State...

Section 311 CrPC | Court Can Summon Material Witness Even If Prosecution Doesn't: Rajasthan High Court

While allowing an application filed under Section 311 CrPC, Rajasthan High Court held that merely because a material witness was not cited by the prosecution, could not be a ground to deny the opportunity to the accused to summon such witness, when his/her evidence appeared relevant and necessary for a just decision in the case. The bench of Justice Baljinder Singh Sandhu was hearing a...

Rajasthan High Court Quarterly Digest: January - March, 2026

Citation: 2026 LiveLaw (Raj) 1 To 2026 LiveLaw (Raj) 118Order/Judgments of the MonthFiling Of 'Negative Report' Doesn't Authorise Police To Prosecute Informant For False Case: Rajasthan High CourtTitle: Dev Narayan Gurjar v State of Rajasthan & Anr.Citation: 2026 LiveLaw (Raj) 1The Rajasthan High Court recently quashed the criminal proceedings against a young petitioner, initiated by...

Rajasthan High Court Upholds Reinstatement Despite Alleged Illegal Appointment, Cites Violation Of Industrial Disputes Act Procedure

The Rajasthan High Court rejected petition challenging reinstatement of a daily wage worker who was alleged to have been appointed illegally, opining that non-compliance with mandatory procedure under the Industrial Disputes Act had to be followed for termination of the concerned employee. The bench of Justice Munnuri Laxman was hearing a petition filed by the Sarpanch, Gram Panchayat...

Reservation Granted In One State Can't Be Extended To Another, Backward Classes May Not Share Same Social Realities: Rajasthan High Court

The Rajasthan High Court has reiterated that benefit of reservation granted in one state cannot be extended to reserved category candidates belonging to another state, noting that one cannot assume that backward classes across different States "share identical or even comparable social realities". The bench of Justice Sanjeet Purohit who was hearing a petition filed by the Federation of...

NDPS Act | Correctness Of Recovery, Arrest Memos Must Be Tested At Trial, Not In Writ: Rajasthan High Court

While rejecting a quashing petition in relation to an NDPS case rested upon the disputed authenticity and credibility of seizure and arrest memos, the Rajasthan High Court held that such aspects pertaining to credibility, trustworthiness and evidentiary value of the documents prepared during investigation could not be conclusively adjudicated in writ jurisdiction. The bench of Justice Farjand...

Rajasthan High Court Directs State To Consider Regularising Employee After 28 Years Of Service, Says Ad-Hoc Appointment Can't Defeat Claim

Rajasthan High Court granted benefit to an employee who despite having rendered services for more than 28 years, was not being considered for regularization by the government on the ground that his initial appointment was not towards any sanctioned post, but on an ad-hoc basis. The bench of Justice Anand Sharma observed that the State's plea of petitioner not being engaged on a sanctioned...

Magistrate Can't Mechanically Order FIR Against Public Servants Without Following S.223 BNSS Safeguards: Rajasthan High Court

The Rajasthan High Court has held that Magistrate cannot under Section 175(3) BNSS mechanically direct registration of FIR against public servants over acts committed in discharge of their official duties, without following the statutory safeguards provided under Section 223(2) BNSS. In doing so the court underscored that Section 223(2) is a substantive safeguard so that criminal law is not...

S.94 BNSS | Husband Can Seek Wife's Employment Records To Oppose Maintenance Claim: Rajasthan High Court

Rajasthan High Court has held that a husband can seek his estranged wife's employment records under Section 94 BNSS in order to oppose her maintenance claim, reiterating Supreme Court's 2020 judgment which held that either of the parties may seek production of relevant documents from the other party. In doing so the court allowed a man's application under Section 94 BNSS before the trial...

S.82 CrPC | Absconder Tag Can't Be Invoked Without Exhausting All Reasonable Steps To Secure Presence Of Accused: Rajasthan High Court

Granting relief to a man declared absconder in a cheque bounce case for irregular appearances and failing to follow bail conditions, Rajasthan High Court has said that the absconder tag cannot be invoked without following "all reasonable steps" to secure the accused's presence. In doing so the court granted the petitioner one more chance to appear and stayed the order issuing a permanent...