[2025:RJ-JP:37891] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5852/2025 Leelaram S/o. Late Shri Prabhudayal, Aged About 45 Years, R/o. Village Molahera, Police Station Paniyala, District Kotputli-Behror, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principle Secretory, Government Secretrate, Rajasthan. 2. Ramdhan Gurjar, Tehsildar, Kotputli, Having Additionaly Charged Of Sub Divisional Magistrate, Kotputli, District Kotputli-Behror, Rajasthan. 3. Mohar Singh, Sub-Inspector, Police Station Paniyala, District Kotputli-Behror, Rajasthan. 4. Rajkumar, Assistant Sub-Inspector, Posted At Police Station Paniyala, District Kotputli-Behror, Rajasthan. 5. Madanlal S/o Shri Rameshwar Dayal, Aged About 28 Years, R/o Village Molahera, Police Station Paniyala, District Kotputli-Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Anoop Pareek For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/09/2025 1. The present petition is filed under Article 226 of the Constitution of India, with the following prayers:- “I. Pass a writ, order, direction, thereby, directing the respondents to award damages amounting to Rs. Fifty Lakhs only for infringements of his fundamental right as he has been illegally sent jail, wrongfully confining/detaining the petitioner without there been any lawful authority and for the damage to the reputation of petitioner caused due the same; II. Pass a writ, order, direction, thereby directing the officials to initiate the appropriate department enquiry proceedings against the Respondents No. 2 to 4; III. Pass a writ, order, direction thereby, direccting the respondents to also initiate the criminal case against the defaulty officers; [2025:RJ-JP:37891] (2 of 2) [CW-5852/2025] IV. Pass a writ, order, direction to quash and set aside the proceedings initiated against the petitioner; V. Pass a writ, order, direction, thereby, directing the respondent No. 1 after payment of compensation of the same will also gathered to withdraw from the pocket of the defaulty officers; VI. Any other order or direction, which this Hon’ble Court deems fit, just and proper, may kindly be passed in favour of the petitioner.” 2. Learned counsel for the petitioner has submitted that petitioner is aggrieved of order dated 31.01.2025 passed by Sub- Divisional Magistrate, Kotputli, Behror. 3. In this regard, learned counsel has relied upon a catena of judgments as, Rudul Sah Vs. State of Bihar and Anr.: (1983) 4 SCC 141, Bhim Singh, MLA, Vs. State of J. & K. and Ors.: (1983) 4 SCC 677 and Het Ram Vs. State of Raj.: 2007 (6) WLC 84. 4. Upon a perusal of the prayers sought be the learned counsel for the petitioner, it is reflected that directions are sought for awarding of damages to the tune of Rs. 50 Lakhs for illegally sending the petitioner to jail, by the competent officer and that criminal case be registered against the defaulty officers. 5. Considering the prayers so made, this Court is of the view that matter is not of civil nature and prayers are also sought in criminal case/nature, for which appropriate remedy can be availed by the petitioner and compensation might be awarded in accordance with law thereby. 6. Accordingly, present petition is dismissed. All pending applications, stand disposed. (SAMEER JAIN),J Pooja /71