The High Court of Rajasthan, Jaipur bench, declined to directly entertain the writ petition concerning inaction by the police. The court directed the petitioner to seek remedy by making a representation to the Superintendent of Police, Alwar.
Directed petitioner to make a representation to the Superintendent of Police, Alwar, for fair investigation.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.9599/07
Iliyas Vs. State of Raj. & Ors.
Date of order : 11/2/2008.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Harendra Singh for the petitioner.
******
This writ petition has been filed by the
writ petitioner with the prayers that
respondents, especially the SHO, Police
Station Tijara be directed to take stern
action against the culprits against whom the
FIR Nos.88/07, 134/07, 444/07 and 446/07
have been registered at the instance of
petitioner and his family members for
offences under Sections 143, 323, 341, 342,
379, 427, 435 & 447. Learned counsel for
the petitioner argued that in spite of
petitioner's repeatedly lodging FIR, the
police is not taking any action and he is
apprehending that any untoward incident
would take place, which may cause harm to
the petitioner.
Having regard to the facts of the case,
I do not deem it appropriate to directly
entertain the writ petition on the present
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subject matter and controversy. Petitioner
may however have his remedy before the
Superintendent of Police, Alwar by making an
appropriate representation. If any such
representation is made, the Superintendent
of Police should do the needful in the
matter as may be warranted in law and ensure
fair investigation of the aforesaid matter.
(MOHAMMAD RAFIQ), J.
RS/
1 issue framed by the court
Whether the High Court should directly entertain the writ petition regarding non-actionable FIRs registered at Police Station Tijara.
Iliyas
State of Raj. & Ors.
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court