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Rajasthan High Court - Jodhpur
Narendra Kumar vs State Of Rajasthan (2026:Rj-Jd:20466) on 29 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:20466]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1555/2026
Narendra Kumar S/o Shri Nandram, Aged About 50 Years,
Resident Of Ward No. 3 Barsaia College, Sujangarh Rural,
Sujangarh, District Jhunjhunu, Presently Vice Chancellor Of Opjs
University Ravatsar, Kunjala, District Churu
----Petitioner
Versus
1. State Of Rajasthan, Through Director General Of Police
Rajasthan Jaipur
2. Addl. Director General Of Police, Ats And Sog Rajasthan
Jaipur
3. Superintendent Of Police, District Churu
4. Shri Rai Singh, Station House Officer Police Station
Hameerwas District Churu
5. Shri Vijay Pal, Constable, P.s. Hameervas, Dist. Churu
6. Shri Dayaram, Constable, Police Station Hameerwas
District Churu
----Respondents
For Petitioner(s) : Mr. Ramesh Kumar
Mr. Ashok Upadhyay
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. Omprakash, I.G., Range Bikaner,
present in person
Mr. Abhijeet Patel, I.P.S., present in
person
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/04/2026
1. The instant writ petition has been preferred on behalf of the
petitioner seeking the following prayers:-
"(i) issue appropriate writ, order or direction
directing the respondent authorities to register
an FIR against the accused persons namely
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Akshay Sharma and Omdatt Sharma, and other
persons involved, for offences including criminal
trespass, unlawful assembly, rioting, criminal
intimidation, conspiracy, and other allied
offences;
(ii) The concerned authories of the University
may also be directed to reinstate the petitioner
on the post, which was holding by him prior to
the said incident;
(iii) Issue appropriate writ, order or direction
directing that the investigation in the present
matter be transferred to an independent and
impartial agency, such as SOG or any other
agency deemed fit by this Hon'ble Court;
(iv) Issue appropriate writ, order or direction
directing initiation of departmental and legal
action against SHO, Police Station Hamirwas for
gross abuse of authority, dereliction of duty,
and collusion with accused persons;
(v) Issue appropriate writ, order or direction
directing the respondent authorities to ensure
protection of life, liberty, and safety of the
petitioner and all university staff;
(vi) Issue appropriate writ, order or direction
directing the respondents to restore possession
and ensure non-interference in the peaceful
functioning of OPJS University
(vii) Issue appropriate writ, order or direction
restraining the private respondents and their
associates from entering or interfering with the
university premises in any unlawful manner;
(viii) Pass any other order or direction which
this Hon'ble Court may deem just, fit, and
proper in the facts and circumstances of the
case."
2. On 27.04.2026, upon noticing certain ambiguities in the
matter, this Court deemed it appropriate to direct the Inspector
General of Police, Range Bikaner, to remain present and apprise
the Court of the exact factual matrix of the case. The said
direction was issued with a view to ensuring transparency in
administration and to satisfy itself that the investigation is
conducted fairly, impartially, and without any bias.
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3. Today, Shri Omprakash, Inspector General of Police, Range
Bikaner, along with the Additional Superintendent of Police,
Shadulshahar and other officers, is present before this Court,
represented by Shri Deepak Choudhary, learned GA-cum-AAG.
4. This Court has conferred with the officers present and has
also perused the report submitted by them, along with the
submissions advanced by the respective counsel.
5. Upon hearing learned counsel for the parties as well as the
officers present in Court, it is observed that the petitioner is
essentially aggrieved by the alleged inaction on the part of the
police authorities in relation to a complaint submitted by him
regarding certain offences, including criminal trespass, unlawful
assembly, rioting and other allied offences. It prima facie appears
that the concerned officers did not act strictly in accordance with
the procedure established by law.
6. In this regard, this Court feels that where a complainant
alleges commission of a cognizable offence and has already
approached the Superintendent of Police, it is incumbent upon the
Superintendent of Police to examine such complaint with due
application of mind. Upon being satisfied about the commission of
a cognizable offence, appropriate directions are required to be
issued to the Station House Officer concerned for taking necessary
action, which may include conducting a preliminary enquiry or
registration of an FIR, as the case may be. However, it remains
within the exclusive domain of the investigating agency to
determine the appropriate course of action in accordance with the
settled principles of law and procedure.
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7. The petitioner, however, is not remediless. He has an
efficacious alternative remedy of approaching the competent
Territorial Magistrate by way of an appropriate complaint,
ventilating all grievances and grounds as raised before this Court.
In the event such a complaint is preferred, it is expected that the
learned Judicial Magistrate shall apply his judicial mind and
proceed in accordance with law, including the provisions
contemplated under Section 175 or Sections 221 to 225 of the
BNSS, as may be applicable, and in his sole judicial discretion.
8. So far as the remaining grievances of the petitioner
concerning other offences are concerned, it suffices to observe
that the matters are already under investigation by the Special
Operations Group at the headquarters, and no specific relief in
that regard has been pressed before this Court in the present
petition.
9. Shri Omprakash, Inspector General of Police, Range Bikaner,
further apprised this Court that the prima facie opinion earlier
formed by the then Additional Superintendent of Police was
subsequently revisited with due diligence, and it was found that
the said opinion had been arrived at ex parte, without affording
adequate opportunity of hearing to the other side. It is submitted
that the investigation is presently underway and is being
conducted by Shri Abhijit Patil, I.P.S., who is also present in
person. He has assured this Court that all necessary steps shall be
undertaken to arrive at a just and lawful conclusion on the basis of
the material available on record.
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10. The prayer of the petitioner seeking transfer of the complaint
to the SOG, along with other connected matters, cannot be
acceded to at this stage. FIR No. 94/2026, registered at Police
Station Hameervas, District Churu, is presently under investigation
by Shri Abhijit Patil, I.P.S. The investigation is at a nascent stage,
the FIR having been registered only on 23.04.2026. An assurance
has been extended that the investigation shall be conducted fairly
and in accordance with law.
11. At this stage, any interference by this Court would not be
warranted. The petitioner is left at liberty to approach this Court
again in the event he remains aggrieved by the unfairness of the
investigation in the aforesaid FIR.
12. It is further clarified that the affidavit purportedly executed
by Shri Vidhan Singh S/o Khetram shall also be duly considered
during the course of investigation.
13. Accordingly, the present petition stands disposed of.
14. The factual report is taken on record.
15. Rule is discharged.
16. The stay petition also stands disposed of.
(FARJAND ALI),J
251-suraj/-
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