Voices. Verdicts. Vision

Voices. Verdicts. Vision

Rajasthan High Court grants interim protection in petition alleging Police Misconduct and Malicious Prosecution

Santosh Kumar Khandelwal v. State of Rajasthan [Decided on 30.06.2025]

The Rajasthan High Court (Jaipur Bench), noting the serious allegations of police overreach and malicious implication contained in the petition, granted interim relief to the petitioner by directing that no coercive action be taken against him by the police.

The petitioner had approached the Court seeking relief under Section 482 of the CrPC, claiming that he was not named in the original FIR and was later wrongfully implicated due to the vindictive attitude of certain police officers. The petitioner alleged coercion by the police, stating that he was forced to issue six cheques under duress, which were subsequently dishonoured. He further submitted that another accused named in the same FIR had been acquitted in 2021.

The Bench comprising Justice Sameer Jain took note of the wrongful issuance of standing warrants against the petitioner without compliance with due process. The Court further observed that the petitioner had already instituted multiple petitions challenging the issuance of these warrants on the ground of jurisdictional infirmity. It was also highlighted that the petitioner had filed a separate FIR against the police officials concerned, which resulted in their conviction by the Anti-Corruption Bureau.

The Court issued a notice to Respondent No. 2, returnable in four weeks, and directed that no coercive steps be taken against the petitioner in the interim. The matter was ordered to be listed along with connected petitions for hearing on 04.08.2025, with the Court observing that the allegations of police misconduct and procedural impropriety merited consolidated consideration.


Appearances: 

For Petitioner(s) : Mr. Pavan Sharma, Adv. Mr. Ashish Guwalani, Adv. Mr. Avtar Singh, Adv.

For State : Mr. M.S. Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP

 

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