Dismissed

Kishan Lal Soni S/O Late Shri Navrang Lal Soni v. State of Rajasthan

Rajasthan HC26 Nov 2018CW/25655/2018

Case brief

AI extract

What is this about?

In a second round of litigation regarding threats to the petitioner's life arising from loan harassment proceedings, the High Court of Rajasthan held that it could not grant protection under Article 226. The court observed that the petitioner had already approached police authorities and possesses adequate legal remedies, including filing complaints under relevant CrPC sections or lodging an FIR.

What the court decided

AI extract

Kishan Lal Soni S/O Late Shri Navrang Lal Soni Vs… — Writ and Judicial Review | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 25655/2018

¶3

Kishan Lal Soni S/o Late Shri Navrang Lal Soni, Aged About 55 Years, By Caste Soni, R/o Adarsh Colony, Ward No. 6, Neem Ka Thana, District Sikar.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Secretary Home Department, Government Of Rajasthan, Jaipur.

¶7

Director General Of Police, Rajasthan, Jaipur.

¶8

Superintendent Of Police, Sikar.

¶9

Station House Officer, Police Station Neem Ka Thana, District Sikar.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Ram Kumar Swami For Respondent(s) :

¶12

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

¶13

Judgment

¶14

26/11/2018

¶15

This is the second round of litigation at the behest of the petitioner.

¶16

This Court on 18.11.2016 passed an order in S. B. Civil Writ Petition No.15912/2016 and directed the petitioner to approach the Superintendent of Police, Sikar by way of filing representation.

¶17

This Court had noted the fact that the petitioner had borrowed money from different people and he was harassed as the loan amount was not repaid by him.

¶18

This Court also took into account that the proceedings under Section 7 of the Provincial Insolvency Act are pending before the Additional District Judge Neem Ka Thana, District Sikar wherein

¶19

(2 of 3)

¶20

[CW-25655/2018]

¶21

105 non-applicants, were made parties, from whom the petitioner borrowed the money.

¶22

Counsel submitted that after order of this Court dated

¶23

18.11.2016, the petitioner had approached the Superintendent of Police, Sikar and apprised him that there was danger to his life and as such, protection was claimed.

¶24

Counsel for the petitioner submitted that the petitioner has been facing great difficulties in normal life and there is a threat to his life by miscreant persons against whom proceedings have been initiated by the petitioner.

¶25

Counsel submitted that even petitioner has gone in depression because of the acts of the persons who are of criminal nature and as such prayer is made in the instant petition, to protect life and liberty of the petitioner and his family members.

¶26

This Court finds that prayer sought by the petitioner cannot be granted. In the observations which were made by this Court in earlier round of litigation, this Court permitted the petitioner to approach the Police Authorities.

¶27

This Court finds that if petitioner finds any difficulty or any offence is committed by any persons against the petitioner or his family member, he has a legal remedy.

¶28

The complaint filed by the petitioner under Section 107 and 116 Cr.P.C. is also said to be pending in the Court of SubDivisional Magistrate, Neem Ka Thana, District Sikar.

¶29

This Court finds that the proceedings which have been initiated by the petitioner either under the provision of Cr. P. C. or there is any allegation of false implication by any person, the petitioner is always free to take legal action.

¶30

(3 of 3)

¶31

[CW-25655/2018]

¶32

This Court under Article 226 of the Constitution of India cannot grant the permission sought for by the petitioner.

¶33

The petitioner has already approached the Authorities and if the information of Commission of an offence is communicated/conveyed to the Police Authorities, the petitioner has appropriate remedy of lodging an FIR or if the FIR is not registered, there are other provisions under the law where suitable action could be taken against such persons.

¶34

This Court does not want to interfere in the writ jurisdiction and accordingly the writ petition stands dismissed.

¶35

(ASHOK KUMAR GAUR),J

¶36

Gourav/112

Kishan Lal Soni S/O Late Shri Navrang Lal Soni v. State of Rajasthan

Case brief

What is this about?

What the court decided

Kishan Lal Soni S/O Late Shri Navrang Lal Soni v. State of Rajasthan

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar Rawat Vs Raj Financial Corporation Jaip

Shankar Lal and Ors. Vs Zila Wakf Committee and Ors.

Gulli Devi Wife of Shri Prahlad Prajapat Vs State of Rajasthan

Sphere Softech Private Limited Vs State Bank of India

Shri Shakambhari Developers Pvt. Ltd. Vs Smt. Kamlesh Bala W/O Dr. Mukesh Kumar

Yogesh Pareek S/O Shri Rameshwar Dayal Pareek Vs Assistant Engineer