The petitioner sought investigation directions for two FIRs via a civil writ petition. The court held the petition became infructuous as charge-sheets were already filed and dismissed it.
No relief granted; writ petition dismissed as infructuous owing to filing of charge-sheets.
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[2024:RJ-JP:45926]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1106/2006
Maharaja Ganga Singh Hotels & Resorts Private Limited, 6/1180, Partanion Ka Rasta, Johari Bazar, Jaipur through its Director Mr. Gopal Johari
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Hemant Nahta For Respondent(s) : Mr. V.R.S. Bajwa Mr. S.S. Naruka, AAG Ms. Suman Shekhawat, Dy. GC
JUSTICE ANOOP KUMAR DHAND
Order
06/11/2024
[2024:RJ-JP:45926]
[CW-1106/2006]
(2 of 2)
petitioner to continue with this writ petition and under the changed circumstances, this writ petition has become infructuous. 3. At this stage, learned counsel appearing for the accused Mr. V.R.S. Bajwa, Adv. has taken objection about maintainability of the instant civil writ petition. Counsel submits that for seeking the desired directions only a criminal writ petition under Article 226 of the Constitution of India is maintainable. In support of his contentions he has placed reliance upon the judgment passed by the Hon’ble Apex Court in the case of Ambalal Parihar Vs. State of Rajasthan & Ors. (Criminal Appeal No. 3233/2023) decided on 16.10.2023. Counsel submits that no such directions can be issued by this Court in its civil jurisdiction, while entertaining the civil writ petition.
(ANOOP KUMAR DHAND),J
Garima/94
3 issues framed by the court
Whether the writ petition remains maintainable after charge-sheets have been filed in the involved FIRs.
Whether the High Court can issue investigation directions under its civil writ jurisdiction for criminal matters.
Whether the writ petition has become infructuous due to completion of investigation and filing of charge-sheets.
Colour shows how this judgement treated each authority
Ambalal Parihar Vs. State of Rajasthan & Ors.Referred¶23
Ambalal Parihar Vs. State of Rajasthan & Ors. (Criminal Appeal No. 3233/2023)
Maharaja Ganga Singh Hotels & Resorts Private Limited
The State of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
