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2021 DIGILAW 888 (RAJ)

Ramesh Chandra v. State Of Rajasthan

2021-04-28

GOVERDHAN BARDHAR

body2021
JUDGMENT 1. Petitioner has filed this petition with the following prayer:- "It is, therefore, humbly, prayed that your lordships may very graciously be pleased to accept and allow this writ petition and directions may kindly be given to the respondents not to harass the petitioner again and again by calling explanation from him on same allegations upon which he got exonerated and acquitted from all the learned courts and departmental enquiries many times. Directions may kindly be given to respondents for implementation of order dated 27.01.2014 (Annx-5) passed by this Hon'ble Court in S.B. Civil Writ Petition No.483/2014 wherein directions were given respondents authorities not to harass the petitioner unnecessarily. any other order which your Lordships may deems fit and proper in the facts and circumstances of the case may also be passed in favour of petitioner. Cost of the writ petition may also be awarded in favour of humble petitioner." 2. Heard learned counsel for the petitioner. 3. Learned counsel for the petitioner submits that the Co-ordinate Bench of this court while deciding the writ petition No.483/2014, Ramesh Chand Vs. State of Rajasthan & Anr. vide order dated 27.01.2014, has passed the following order:- "Contention of the learned counsel for the petitioner is that respondents are harassing petitioner at the instance of wife Radha Bai. In fact petitioner has not accepted that marriage because when the marriage was solemnized petitioner was hardly 9 years old and now she has started launching number of litigations against petitioner for offence u/Ss.498A and 406 IPC. In all these matters, petitioner has been exonerated even then, she has been making complaints one after another and petitioner is being harassed by the wife. The Station House Officer, Bundi has submitted a report to the Superintendent of Police, Bundi on 10/5/2013 (Ann.4) to the effect that no prima-facie case for the alleged offences is made out against petitioner further informing that petitioner has been exonerated in all the criminal matters and he has been paying his wife the maintenance passed by the family court under Section 125 Cr.P.C. It has further been submitted in the said report dated 10/5/2013 (Ann.4) that the allegation of bigamy has not been proved against petitioner inasmuch as, petitioner has not married for the second time. In the facts of this case, the respondents are required not to unnecessarily harass petitioner. In the facts of this case, the respondents are required not to unnecessarily harass petitioner. However, this order would not preclude any competent court to proceed against petitioner in appropriate proceedings initiated at the instance of the wife of the petitioner. With that direction, writ petition is disposed of." 4. Despite the aforesaid directions issued, the respondents are humiliating and harassing the petitioner at the instance of wife Radha Bai. 5. Additional S.P. Itawa has sought explanation from the petitioner vide Annexure-8. Thus, the respondents may be directed not to humiliate and harass the petitioner. 6. Perused the contents of petition. 7. The Co-ordinate Bench of this court while deciding the writ petition No.483/2014 vide order dated 27.01.2014, while taking note of the dispute between the parties that the petitioner's wife has been making complaints one after another ordered that the petitioner should not be harassed unnecessarily at the instance of wife Radha Bai. 8. In view of the above, it is expected from the concerned Authorities to take note of the order dated 27.01.2014 while dealing with the complaints, if any, filed by the wife of petitioner Radha Bai. 9. Accordingly, the Writ petition is disposed of.