When the criminal proceedings (for investigation under Section 156(3) CrPC) are pending with the Judicial Magistrate, it will not be proper for the High Court to pass any order under Article 226 (seeking direction to register FIR) of the Constitution of India

Rajasthan High Court - When the criminal proceedings (for investigation under Section 156(3) CrPC) are pending with the Judicial Magistrate, it will not be proper for the High Court to pass any order under Article 226 (seeking direction to register FIR) of the Constitution of India

RAJASTHAN HIGH COURT

(Jaipur Bench)
Before :- Mahesh Chandra Sharma, J.
S.B. Civil Writ Petition No. 10659 of 2010. D/d. 6.8.2010.

Vimlesh Kanwar - Petitioners
Versus
State of Rajasthan & Ors. - Respondents


For the Petitioner :- Ajay Singh Bhagor, Advocate.

Constitution of India, Article 226 - Indian Penal Code, Sections 323, 341, 379 and 366/511 - Petitioner invoking two remedies simultaneously before the Magistrates and the High Court for the same purpose - Petitioner, above 18 years old, married with a person of her choice - Her brother lodged a report regarding her missing who wanted to forcefully marry her with some other person - Petitioner filed complaint under Sections 323, 341, 379 and 366/511 I.P.C. before the Magistrate when the police refused to lodge the report - Magistrate forwarded the complaint to the police for investigation under Section 156 ( 3 ) Cr.P.C which is pending - Petitioner filed writ petition under Article 226 seeking direction to register FIR in the same matter - Held, when the criminal proceedings are pending with the Judicial Magistrate, it will not be proper for the High Court to pass any order u/Art. 226 of the Constitution of India - Petitioner is at liberty to move an application before the concerned Magistrate for appropriate orders if so advised - Writ petition dismissed as not maintainable. [Para 2]

JUDGMENT


Sharma, J. - This writ petition has been filed under Article 226 of the Constitution of India for a direction that the petitioner, her husband and other in-laws may be granted protection from the respondents 5 and 6 and other family members of the petitioner and the respondents I to 3 may be directed to register FIR against the respondents 5 and 6 for the incident dated July 9, 2010 and further the respondent No. 4 may be directed not to harass and humiliate the petitioner and her in laws on the basis of MPR No. 22/2010 (Annexure 4).

2. The facts in brief are that as per Annexure-4 which is a report regarding Missing Person lodged by the respondent No. 6 Mahendra Singh, who is brother of the petitioner stated that het sister Vimlesh is missing. The petitioner stated in the writ petition that according to educational documents her date of birth is 9.10.1991 and she is aged about 18 years and 9 months. She married with one Deshraj but her parents were not happy and they wanted to forcefully marry her with a person who is much older than the petitioner after getting handsome amount from him. The petitioner and her in-laws went to police Station at Nadbai, but the police personnel refused to lodge the report. The petitioner in these circumstances submitted a complaint before the Judicial Magistrate Nadbai under Section 323, 341, 379 and 366/511 I.P.C. against the respondents 5 and 6. Upon this the Judicial Magistrate forwarded the complaint to the concerned Police Station for investigation under Section 156 (3) Cr.P.C. The matter is pending with the Judicial Magistrate. It is revealed from the documents produced by the petitioner that the proceedings before the Judicial Magistrate have been taken from time to time and the last proceeding as mentioned in the document was held on 28.7.2010. The learned counsel for the petitioner has not been able to inform abpit the proceedings of 28.7.2010 before the Judicial Magistrate. From the material produced with this writ petition it is crystal clear that the criminal proceedings against the respondents 5 and 6 are pending with the Judicial Magistrate. In these circumstances it is not proper for this court to pass any further orders under Article 226 of the Constitution of India. The petitioner is free to move application before the concerned court for passing appropriate orders as prayed in the writ petition. This writ petition is not maintainable as the petitioner has already pursuing her remedy before the Judicial Magistrate Nadbai. Thus the writ petition stands dismissed. The stay application also stands disposed of. No costs.

Writ petition dismissed.

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