Dismissed

Anandi Lal v. State of Raj.

Rajasthan HC19 Jan 2023CW/10852/2008

Case brief

AI extract

What is this about?

In a writ petition under Article 226/227 challenging an order of 08.03.2006 regarding a civil suit for damages for wrongful arrest, the Court found the impugned order justified without manifest error. The writ petition was dismissed with liberty to defend and exhibit documents in the trial, and interim protection was lifted.

What did the court decide?

Writ petition dismissed; petitioner at liberty to raise defense and exhibit documents if need arises in trial; interim protection lifted.

Anandi Lal Vs State of Raj. — Civil Procedure and Limitation | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 10852/2008

¶3

Anandi Lal Verma S/o Late Shri Chhitar Mal Verma, Advoate, by caste Kumawat, R/o Plot No. 71, Opp. Vinod Vidhya Niketan School, Civil Lines, Jaipur (Deceased).

¶4

1/1. Smt. Kamla Devi W/o Late Shri Anandi Lal Verma

¶5

1/2. Deepak S/o Late Shri Anandi Lal Verma.

¶6

1/3. Smt. Manju D/o Late Shri Anandi Lal Verma, W/o Shri Naval Kishore.

¶7

1/4. Smt. Seema D/o Late Shri Anandi Lal Verma, D/o Shri Satyendra.

¶8

1/5. Smt. Nisha D/o Late Shri Anandi Lal Verma W/o Shri Jitendra.

¶9

1/6. Smt. Rekha D/o Late Shri Anandi Lal Verma W/o Shri Surya Kumawat.

¶10

1/7. Smt. Monu Verma D/o Late Shri Anandi Lal Verma W/o Shri Rakesh

¶11

All by caste Kumawat R/o Plot No. 71. Opp. Vinod Vidhya Niketan School, Civil Lines, Jaipur.

¶12

----Petitioner

¶13

Versus

¶14

State Of Rajasthan through the Home Secretary, Govt. of Rajasthan, Secretariat, Jaipur.

¶15

Babu Lal Sharma, Ex-Sub-Inspector, Police Station Sodala, through Superintendent of Police (south) Jaipur (Deceased)

¶16

Rajendra Prasad S/o Late Shri Chhitar Mal Verma, by caste Kumawat, R/o Plot No. 71, Opp. Vinod Vidhya Niketan School, Civil Lines, Jaipur.

¶17

Additional District and Sessions Judge (Fast Track) No. 08, Jaipur City, Jaipur.

¶18

----Respondents

¶19

For Petitioner(s) : Mr. Raj Kumar Sharma, Adv. For Respondent(s) : Mr. V.B. Sharma, AAG Mr. Harshal Tholia, Adv.

¶20

HON'BLE MR. JUSTICE SAMEER JAIN

Order

(2 of 2)

[CW-10852/2008]

19/01/2023

By way of present writ petition, filed under Article 227 of Constitution of India, challenge is made to the order dated 08.03.2006.

¶26

The matter pertains to a civil suit of recovery of Rs. 51,000/as damages for wrongful arrest and detention of the petitioner at the instant of respondent No. 3, by respondent No. 2, S.I. Police Station, Sodala.

¶27

In the facts of the case, the order impugned appears to be justified and there is no manifest error as the original copy of patta is rejected for cogent reasons in the order. The order impugned does not appear to cause any prejudice to the petitioner. Therefore, this Court is not inclined to interfere in the present matter.

¶28

However, the petitioner will be at liberty to raise his defence and to exhibit the documents if the need so arise in course of trial.

¶29

In the light of above, the writ petition is dismissed with liberty as granted. Interim protection is also lifted. Pending applications, if any, stands disposed of.

¶30

(SAMEER JAIN),J

¶31

ANIL SHARMA /72

Anandi Lal v. State of Raj.

Case brief

What is this about?

What did the court decide?

Anandi Lal v. State of Raj.

Case brief

What is this about?

What did the court decide?

What the court decided

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