Sukhdev Singh vs Senior Superintendent Of Police
2023 Latest Caselaw 2751 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Writ Petition (M/S) No.2555 of 2023
Sukhdev Singh                                            ....Petitioner

                                Versus

Senior Superintendent of Police,
Dehradun and Another                                   ....Respondents

Present:-
            Mr. Dheeraj Joshi, Advocate for the petitioners.
            Mr. Anil Dabral, Addl. C.S.C. for the State.
                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

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.

2. Heard learned counsel for the parties and

perused the record.

3. 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."

4. 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."

5. 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.

6. 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.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 19.09.2023 Ravi Bisht