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2025 DAILYLAW 48312 (RAJ)

SHANKAR SINGH SON OF SHRI DATARAM v. STATE OF RAJASTHAN

CRLW/1230/2025 · 2025-11-04

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1230/2025 Shankar Singh Son Of Shri Dataram, Aged About 65 Years, Resident Of Seu, Police Station Khoh, District Deeg (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. The Director General Of Police, Jaipur (Raj.) 3. Superintendent Of Police, Deeg, District Deeg (Raj.) 4. The Station House Officer, Police Station Khoh, District Deeg (Raj.) 5. Ramdayal Son Of Sukka, Aged About 55 Years, Resident Of Seu, Police Station Khoh, District Deeg (Raj.) 6. Ramdhan Son Of Ghanshyam, Aged About 35 Years, Resident Of Seu, Police Station Khoh, District Deeg (Raj.) 7. Pinki Wife Of Ramdhan, Aged About 32 Years, Resident Of Seu, Police Station Khoh, District Deeg (Raj.) ----Respondents For Petitioner(s) : Mr. Parmanand Paliwal For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 04/11/2025 1. The instant petition has been preferred with the following prayer: “i. May kindly be pleased to Direct the police authorities to provide adequate protection to the petitioner and his family members against the accused persons; Direct the respondents to evict the accused persons from the petitioner’s house and hand over peaceful possession back to the (2 of 3) [CRLW-1230/2025] petitioner; Direct the police to take immediate and appropriate legal action on FIR No.0172/2025 in accordance with law; ii. Any other relief which may deem fit and proper may also kindly be granted in favour of the petitioner.” 2. By way of filing this petition multiple prayers have been made including one for issuing directions for eviction of the accused persons from the petitioner’s house and handing over peaceful possession of the same to the petitioner. Further prayer has been made for issuing directions to the Police authorities to take immediate and appropriate legal action against the accused in FIR No.172/2025 registered with Police Station Khoh, District Deeg. 3. In the considered opinion on this Court, so far as the prayer No.1 is concerned, no such direction can be issued by this Court under its inherent jurisdiction contained under Article 226 of the Constitution of India, as disputed question of facts are involved, which cannot be adjudicated by this Court. The petitioner is at liberty to approach appropriate forum of law for redressal of his grievances. 4. So far as prayer No.2 i.e. for taking action against the accused persons pursuant to the FIR No.172/2025 is concerned, final report negative has been submitted, whereby it is found that the dispute between the parties is of a civil nature. Hence, under these circumstances, the petitioner may approach the competent Court of law for redressal of his (3 of 3) [CRLW-1230/2025] grievances by way of filing appropriate application in the form of protest petition/complaint. 5. With the aforesaid observations, the instant criminal writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/20