SHIV SINGH S/O LATE SH. JAGDEV MALI v. STATE OF RAJASTHAN
CRLW/1326/2025 · 2025-11-03
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40533 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40533 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44075] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.1326/2025 Shiv Singh S/o Late Sh. Jagdev Mali, Aged About 50 Years, R/o Gram Mahu, Tehsil And District Karauli, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.
2. State Of Rajasthan, Through Its Priciple Secretary, Ministry Of Home Affairs Rajasthan, Secretariat Jaipur.
3. Director General Of Police, Rajasthan Police, Police Head Quarter, Jaipur.
4. Superintendent Of Police, District Karauli.
5. Basudev Baswal Sho, Police Station Langra, District Karauli.
6. Badri Mali S/o Late Shri Nathua Lal, R/o Gram Mahu, Post Harnagar, Teh. And District Karauli.
7. Naresh S/o Badri Mali, R/o Gram Mahu, Post Harnagar, Teh. And District Karauli. ----Respondents For Petitioner(s) : Mr. Sumit Khandelwal For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND
Order 03/11/2025
1. By way of filing this criminal writ petition, the following prayer has been made by counsel for the petitioner:-
“It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this Writ Petition and respondent No.1 to 3 may kindly be directed to take appropriate action against the respondent No.4 to 6 for their illegal action against the petitioner and further
[2025:RJ-JP:44075] (2 of 2) [CRLW-1326/2025]
directed respondent No.4 to 6 to pay 10 Lakh compensation for the illegal detention and physical and mental torture faced by the petitioner due to their illegal deeds. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.”
2.
Learned counsel for the petitioner submits that a complaint under Section 138 of the Negotiable Instruments Act, 1881 is pending against the brother of the petitioner, wherein summons were issued for procuring his presence. Learned counsel submits that in the garb of service of summons upon his brother, the private respondents illegally detained the petitioner and abuse and tortured him for which representations have been submitted by the petitioner before the highest police officials for taking appropriate action, but no heed has been paid, hence, under these circumstances, the petitioner has approached this Court seeking directions for taking appropriate action against them and for payment of compensation.
3. In the considered opinion of this Court, disputed questions of fact are involved in this petition, which cannot be adjudicated by this Court under its inherent jurisdiction contained under Article 226 of the Constitution of India.
4. However, the petitioner would be at liberty to approach appropriate forum of law for redressal of his grievances.
5. With the aforesaid observations, the criminal writ petition stands disposed of. Stay application as well as all applications (pending, if any) also stand disposed of.
(ANOOP KUMAR DHAND),J Karan/6