KAILASH CHANDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present writ petition, the petitioner has challenged the order dated 12.7.2021 whereby the respondent no.4 has issued direction to the respondent no.5 to file FIR against the petitioner.

(2.) Mr. Mahipal Singh, learned counsel appearing for the petitioner submits that though the in-house inquiry is yet to be concluded, but, the respondent no.4 has directed the respondent no.5 to file FIR against the petitioner. It is also argued that the FIR has been ordered to be filed only against the petitioner, whereas other persons are also involved.

(3.) In the opinion of this Court, the relief as claimed by the petitioner that the respondents be restrained from lodging FIR cannot be granted. Filing of FIR is nothing but soliciting an inquiry by the police authorities. No injunction or stay can be granted against institution of an FIR, as per the spirit/mandate of Section 41(d) of the Specific Relief Act, 1963.