Sukhdev Singh vs Senior Superintendent Of Police, Dehradun And Another

Ravindra Maithani, J

By means of this writ petition, the petitioner seeks the following reliefs:-

(i) To issue the writ order or direction In the nature of mandamus directing the respondent number 2 and 3, to complete the enquiry in respect of revolver No. A67422 as per the order dated 17.11.2018 passed by learned Judicial Magistrate first Dehradun as well as this Hon’ble Court, (Annexure -6 and Annexure-7) and the said revolver be handed over to the petitioner pursuant to order dated 01.08.2018 (Annexure-3) passed by Judicial Magistrate first Dehradun.

(ii) To issue such other suitable writ, order or direction which this Hon’ble Court may deem fit and proper.

(iii) To award the cost of the writ petition in favour of the petitioner.

Heard learned counsel for the parties and perused the record.

At the very outset, the Court wanted to know from learned counsel for the petitioner as to how the instant petition may be entertained as it is second petition seeking the similar relief. Earlier, the petitioner had filed WPCRL No.212 of 2021, Sukhdev Singh Vs. State and Others (“the first petition”), in which the following reliefs were claimed:-

“I To issue a writ order or direction in the nature of Mandamus directing the respondent no.2 and 3, to complete the injury in respect of Revolver No.A 67422 as per the order dated 17.11.2018 (Annexure-6) passed by learned Judicial Magistrate 1st Dehradun and the said revolver be handed over to the petitioner pursuant to order dated 1.8.2018 (Annexure-3) passed by Judicial Magistrate 1st Dehradun.

II To issue such other suitable writ, order or direction which this Hon’ble Court may deem fit and proper.

III To award cost of the writ petition to the petitioners.”

The first petition was decided by this Court on 04.02.2021 by the following order:-

“It appears from the record that concerned Magistrate passed an order on 17.11.2018 to conduct an enquiry about the missing Revolver No.A67422.

Accordingly, the criminal writ petition is finally disposed of with a direction that the S.S.P. Dehradun is directed to complete the enquiry within a period of four months from today.

Urgency Application (IA No.1 of 2021) stands disposed of.”

Learned counsel for the petitioner would submit that since the order dated 4.02.2021, passed in the first petition has not been complied with, therefore the second petition.

Successive petitions seeking similar reliefs cannot be entertained. Otherwise, there will be no end to litigation. Finality has to be attached. The petitioner had claimed similar relief in the first petition and the Court had passed an order on 04.02.2021. If the order dated 04.02.2021 had not been complied with by the authorities concerned, it is open to bring this fact to the notice of the Court seeking enforcement of that order. It has not been done. Now, for the similar relief, this Court is of the view that the second petition cannot be entertained. Therefore, the writ petition deserves to be dismissed at the stage of admission itself.

The petition is dismissed in limine.