High CourtsSingle Bench(2020) 09 RAJ CK 0031

Vijay Singh vs Jaisingh

Rajasthan High Court · Decided on 3 September 2020

HON’BLE JUDGES
Mahendar Kumar Goyal, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 9403 Of 2020

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Judgment

5 paragraphs · 232 words

This writ petition has been filed against the order dated 28.02.2020 passed by the Court of learned Senior Civil Judge, Bharatpur, whereby the application filed by the petitioner-plaintiff under Section 151 CPC seeking investigation by the police on the allegations levelled by the respondent-defendant No.1 in his application dated 13.01.2020, has been rejected.

It is contended by the learned counsel for the petitioner that vide application dated 13.01.2020, the respondent-defendant No.1 has levelled serious allegations against the petitioner of subjecting him to threatening and the allegations being false, it was incumbent upon the learned trial Court to have sent the same for police investigation. He, therefore, prays that the order dated 28.02.2020 be quashed and set aside.

Heard learned counsel for the petitioner and perused the record.

The petitioner has failed to point out any vested right in him to get the allegations levelled against him to be investigated by the police through the forum of Court. The petitioner is free, if he feels aggrieved by the allegations levelled by the respondent- defendant No.1 in his application dated 13.01.2020, to file an FIR for investigation. The Court cannot be compelled to get the allegations investigated through police. The order dated 28.02.2020 does not suffer from any illegality or perversity warranting interference by this Court under its supervisory jurisdiction vide Article 227 of the Constitution of India.

Resultantly, the writ petition is dismissed.