Dismissed

Tikam Khnadelwal S/O Shri Mohan Khandelwal v. State of Rajasthan

Rajasthan HC2 Mar 2023CRLW/368/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a police order not to arrest accused persons. The Court held that since the accused were cooperating, the matter fell within the police domain. It directed the petitioner to approach the Magistrate for investigation monitoring instead of invoking writ jurisdiction.

What did the court decide?

Petitioner directed to approach the concerned Magistrate for redressal of grievance regarding investigation monitoring.

Tikam Khnadelwal S/O Shri Mohan Khandelwal… — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 368/2023

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Tikam Khandelwal S/o Shri Mohan Khandelwal, Aged About 38 Years, R/o 171, Officers campus Extension, Sirsi Road, Jaipur Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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The Director General Of Police, Rajasthan, Police Headquarters, Lalkothi, Jaipur Rajasthan

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The Additional Director General Of Police, Crime Branch, Rajasthan Police Headquarters, Lalkothi, Jaipur Rajasthan

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The Commissioner Of Police, Jaipur.

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----Respondents

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For Petitioner(s) : None Present For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

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Order

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02/03/2023

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No one appears for the petitioner.

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Heard learned Public Prosecutor for the State.

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Learned lawyers are not attending/co-operating with the Court in judicial proceedings since last more than one week, though, they have no grievance against the Court administration.

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The Court is aware of the dictum decided in Ex-Capt.

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Harish Uppal Vs. Union of India & Anr. reported in (2003) 2

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SCC 45 that such non-cooperation in judicial proceeding is not only punitive one rather the Court is empowered to proceed in the

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[CRLW-368/2023]

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(2 of 4)

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listed judicial matters according to the law even in absence of the parties and their Advocates.

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The petitioner has challenged the correctness and illegality of order dated 02.12.2022 at Annexure-9 whereby the learned Additional Director General of police has directed the investigating officer of referred FIRs to discuss the progress of the investigation and not to arrest the accused persons till further order and further prayed for issuing direction for fair investigation.

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It has been pointed out that accused persons of the case have approached this court for quashing of those FIRs in different SB criminal writ petitions and this court has also ordered no arrest of the accused persons as they are cooperating in the investigation of the case.

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Since arrest or no arrest of the accused persons during investigation of the case is with-in complete domain of police it cannot be argued that the jurisdiction exercised by senior police officer was totally beyond his authority.

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For redressal of other grievance regarding monitoring of uninfluenced investigation, the petitioner would be at liberty to move the Magistrate/court concerned who has ample power to monitor the investigation. The Hon’ble Supreme Court has consistently stated that instead of invoking jurisdiction under Article 226 of The Constitution of India or under Section 482 of Cr.P.C, the aggrieved person should approach the learned Magistrate itself who has got ample power under Cr.P.C to do the needful.

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[CRLW-368/2023]

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(3 of 4)

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In Sakiri Vasu Vs. State of U.P. & Ors. reported in AIR 2008 SC 907, the Hon’ble Supreme Court stated in para 27 as follows:-

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“27. As we have already observed above, the Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation, and for this purpose he can monitor the investigation to ensure that the investigation is done properly (though he cannot investigate himself). The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under Section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and not by filing a writ petition or a petition under Section 482, Cr.P.C.”

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The aforesaid view was reiterated in Sudhir Bhaskarrao

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Rao Tambe Vs. Hemant Yashwant Dhage and Ors . reported

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in 2016 (6) SCC 277.

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Again in M. Subramaniam and Anr. Vs. S. Janaki and Anr. reported in 2020 (16) SCC 728, a three Judges Bench of Hon’ble Supreme Court reiterated the view taken in Sakiri Vasu (supra).

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Considering the fact that the petitioner is not remediless for redressal of his grievance, this court is not inclined to entertain this petition. The petitioner may approach the Magistrate concerned.

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With the aforesaid observation, the instant petition stands disposed off.

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[CRLW-368/2023]

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(4 of 4)

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If the petitioner approaches the Magistrate concerned, the learned Judicial Magistrate shall proceed according to law expeditiously.

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(BIRENDRA KUMAR),J

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ashu /12

Tikam Khnadelwal S/O Shri Mohan Khandelwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tikam Khnadelwal S/O Shri Mohan Khandelwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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