VIMLESH KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India for a direction that the Petitioner, her husband and other in-laws may be granted protection from the Respondents 5 and 6 and other family members of the Petitioner and the Respondents 1 to 3 may be directed to register FIR against the Respondents 5 and 6 for the incident dated July 9, 2010 and further the Respondent No. 4 may be directed not to harass and humiliate the Petitioner and her in laws on the basis of MPR No. 22/2010 (Annexure 4).

(2.) The facts in brief are that as per Annexure-4 which is a report regarding Missing Person lodged by the Respondent No. 6 Mahendra Singh, who is brother of the Petitioner stated that her sister Vimlesh is missing. The Petitioner stated in the writ petition that according to educational documents her date of birth is 9.10.1991 and she is aged about 18 years and 9 months. She married with one Deshraj but her parents were not happy and they wanted to forcefully marry her with a person who is much older than the Petitioner after getting handsome amount from him. The Petitioner and her in-laws went to police Station at Nadbai, but the police personnel refused to lodge the report. The Petitioner in these circumstances submitted a complaint before the Judicial Magistrate Nadbai under Section 323, 341, 379, 366/511 IPC against the Respondents 5 and 6. Upon this the Judicial Magistrate forwarded the complaint to the concerned Police Station for investigation under Section 156(3) Code of Criminal Procedure. The matter is pending with the Judicial Magistrate. It is revealed from the documents produced by the Petitioner that the proceedings before the Judicial Magistrate have been taken from time to time and the last proceeding as mentioned in the document was held on 28.7.2010. The learned Counsel for the Petitioner has not been able to inform abpit the proceedings of 28.7.2010 before the Judicial Magistrate. From the material produced with this writ petition it is crystal clear that the criminal proceedings against the Respondents 5 and 6 are pending with the Judicial Magistrate. In these circumstances it is not proper for this Court to pass any further orders Under Article 226 of the Constitution of India. The Petitioner is free to move application before the concerned court for passing appropriate orders as prayed in the writ petition. This writ petition is not maintainable as the Petitioner has already pursuing her remedy before the Judicial Magistrate Nadbai. Thus the writ petition stands dismissed. The stay application also stands disposed of. No costs.