Petitioner sought direction for legal action against an investigating officer for failing to inform him about a bail application despite a prior court order. The court dismissed the petition as the petitioner could not satisfy the court that the officer was not informed.
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[2024:RJ-JP:21718]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3705/2024
Ramesh Choudhary S/o Babulal Choudhary, R/o Bari Ka Khera, Via Bagru, District Jaipur Rajasthan, At Present R/o Amirat House, Plot No. B-4/32, Sector-4, Chitrkoot, Vaishlai Nagar, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Pravind Kumar For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 08/05/2024
This writ petition has been filed seeking a direction to the respondents no.1 to 6 to take legal action against the respondent no.7 in accordance with law.
Learned counsel for the petitioner submits that he has lodged an FIR wherein, the accused person-Balram Verma filed a bail application before this Court under Section 438 CrPC and this Court, vide its interim order dated 04.10.2023, directed the Investigating Officer to inform the complainant i.e. the petitioner
[2024:RJ-JP:21718]
[CW-3705/2024]
(2 of 2)
about hearing of the bail application. He alleges that despite specific direction by this Court, the respondent no.7-the Investigating Officer did not inform him about filing of the bail application by the accused resulting into grant of interim bail to him vide order dated 11.10.2023. He, therefore, prays that the writ petition be allowed and the respondents no.1 to 6 be directed to take legal action against the respondent no.7 on his failure to discharge his official duty.
Heard. Considered.
This Court finds that vide interim order dated 04.10.2023, this Court has directed the learned State Counsel to inform the complainant about pendency of the bail application. Despite repeated asking of this Court, learned counsel for the petitioner is not able to satisfy that the respondent no.7-Investigating Officer was ever informed by the State Counsel or otherwise to ensure compliance of the order dated 04.10.2023. Rather, he submits that he is unaware as to whether the Investigating Officer was ever directed by the learned State Counsel or otherwise to inform him about pendency of the bail application in absence whereof, this writ petition is wholly misconceived and deserves to be dismissed.
Accordingly, this writ petition is dismissed being devoid of merit.
Pending application(s), if any, also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/68
2 issues framed by the court
Whether the police officer failed to inform the petitioner about the bail application filed by the accused despite a court direction.
Whether the petitioner can establish that the investigating officer was not informed by the State Counsel about the bail application pendency.
Ramesh Choudhary
The Principal Secretary Home Department, Govt. Of Rajasthan
The Dgp Rajasthan Police
Addl Dgp Vigilance
Commissioner Of Police, Jaipur Metropolitan
Deputy Commissioner Of Police, Jaipur Metropoolitan West
Mahendar Kumar Goyal
As recorded by the court registry
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