Bhajan Kaur vs State Of Uttarakhand And Others
2023 Latest Caselaw 3262 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1480 of 2023
Bhajan Kaur                                             ....Petitioner

                                Versus

State of Uttarakhand and Others                     ....Respondents

Present:-
             Mr. Vikas Kumar Guglani and Mr. B.S. Koranga, Advocate
             for the petitioner.
             Mr. Amit Bhatt, D.A.G. for the State.

                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

"(i) Issue a writ, order or direction in the

nature of mandamus for direction to the

respondent's no. 1 to 3 carry out

investigation against the respondent no.

4 to 13 on the complaint of the petitioner.

(Annexure No. 1).

(ii) Issue a writ, order or direction in the

nature of mandamus for direction to the

respondent no. 1 to 3 calling for records

as to on what basis the respondent no. 4

to 13 carried out raid in the house of the

petitioner on 13/09/2023.

(iii) Issue a suitable writ, order or direction

which this Hon'ble Court may deem fit

and proper in the facts and

circumstances of the present case."

2. Heard learned counsel for the parties and

perused the record.

3. It is the case of the petitioner that the private

respondents, who are employee of the forest department,

barged into the house of the petitioner on 13.09.2023, and

opened the boxes and took various valuable articles from the

house of the petitioner, including jewellery and cash. When

the matter was reported, no action was taken.

4. In essence, the petitioner seeks criminal

proceedings against the private respondents. The petitioner

indirectly wants that an FIR may be lodged and investigation

may be carried out.

5. The petitioner may approach the police under

Section under Section 154 or 155 of the Code of Criminal

Procedure, 1973 ("the Code"), or under Section 156(3) of the

Code, the petitioner may approach the Magistrate having

jurisdiction in the matter, or the petitioner is also at liberty to

file a criminal complaint, if so advised.

6. In the case of Sakiri Vasu Vs. State of Uttar

Pradesh and Others, (2008) 2 SCC 409, the Hon'ble Supreme

Court, inter alia, observed that in such matters for directing

investigation, writ petition should not be entertained.

7. Having considered, this Court is of the view that

there is no reason to make any interference. Accordingly, the

petition deserves to be dismissed at the stage of admission

itself.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 20.10.2023 Ravi Bisht