Rajasthan High Court - Jaipur
Pankaj Kr Choudhary(Ips) vs State Of Rajasthan & Ors on 18 September, 2015
Author: Mn Bhandari
Bench: Mn Bhandari
IN HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No.13820/2015 Pankaj Kr Choudhary(IPS) versus State of Rajasthan & ors 18.9.2015 HON'BLE MR. JUSTICE MN BHANDARI Mr Pranav Kanti Mr Surendra Meel - for petitioner BY THE COURT:
This writ petition has been filed for following prayer-
i) this Hon'ble court be pleased to issue an appropriate Writ in the nature of Mandamus and/ or any other Writ/ Order directing the Respondent No.1 to 2 not to initiate any proceedings, enquiry etc. keeping in view of the dispute pending before the respondent No.3 and petitioner at High Court of Allahabad vide First Appeal No.- 43 of 2014., The perusal of the prayer shows a direction against the non-petitioners not to initiate any proceedings, enquiry etc keeping in view that a dispute is pending between the husband and wife before the Allahabad High Court.
Learned counsel was asked to give basis to anticipate any action. A reference of annexure-2 has been given. I have perused the aforesaid document and find it to be a representation dated 18.2.2013 by Smt Sudha Gupta wife of the petitioner. The said representation was given almost two and half years back. No other document has been shown to make out a basis for drawing presumption about any action. In view of above, relief prayed in this writ petition is without any basis and anticipation of an action which is not coming out from any of the documents enclosed with the writ petition thus a restrain order cannot be passed by this court in vacuum.
In view of above, writ petition so as the stay application are dismissed, however, petitioner would be at liberty to avail the remedy, if any proceedings are initiated or action is taken against him.
(MN BHANDARI), J.
bnsharma All corrections made in judgment/ order have been incorporated in judgment/ order being emailed.
(BN Sharma) PS-cum-JW