NAURATAN SINGH vs STATE OF RAJASTHAN

[2026:RJ-JD:21922]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 3214/2025
Nauratan Singh S/o Bhanwar Dan Charan, Aged About 31 Years,
Village Bobasar Charnan, Ps Sadar Tehsil Sujangarh District
Churu
----Petitioner
Versus
1. State Of Rajasthan, Through Secratary, Dept. Of Home
Affairs, Govt. Of Raj, Jaipur.
2. The Director General Of Police, Jaipur
3. The Superintendent Of Police, District Churu
4. The Station House Officer, Police Station Sujangarh Sadar
----Respondents
For Petitioner(s) : Mr. Mahipal Singh
Mr. Punit Jangu
For Respondent(s) : Mr. Sri Ram Choudhary, AGA
Mr. Nishchay Prasad IPS, SP, Churu
HON'BLE MR. JUSTICE FARJAND ALI
ORDER
DATE OF CONCLUSION OF ARGUMENTS 29/04/2026
DATE ON WHICH ORDER IS RESERVED 29/04/2026
FULL ORDER OR OPERATIVE PART Full Order
DATE OF PRONOUNCEMENT 08/05/2026
BY THE COURT:-
The instant Criminal Writ Petition has been preferred by the
petitioner with the following prayers:-
a. By an appropriate order or direction, the Criminal
Writ petition filed by the petitioner may kindly be
allowed
b. By an appropriate order or direction the respondents
be directed to follow the legal process as per BNSS
2023 and other law and not to exercise illegal pressure
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tactics for appearance of hardcore criminals by way of
illegal detention of petitioner.
c. By an appropriate order or direction the respondents
are directed to submit the factual report about
petitioner's innocence or involvement in any way in the
criminal activities being conducted by the gangster
criminal named virendra charan.
d. By an appropriate order or direction, the respondent
be directed to expedite action of arrest of gangster
instead of circulating false news articles befooling the
people at large just to create a good image of police.
disparaging image of ordinary citizen like the
petitioner.
e. By an appropriate order or direction Any other
appropriate order or direction, which this Hon'ble court
deems just and proper in the facts and circumstances
of the case, may kindly be passed in favour of the
petitioners.
2. Briefly stated, the facts of the case, as projected in the writ
petition, are that the petitioner is a young individual aged about
31 years, pursuing preparation for competitive examinations while
simultaneously operating a private study centre under the name
and style of “Zigyasa Library” situated at Sujangarh. It has been
averred that one Virendra Charan, allegedly involved in serious
criminal activities including offences of murder, kidnapping for
ransom and other anti-social acts, resides in the vicinity of the
petitioner’s residence and has been absconding in several criminal
cases.
2.1. It is alleged that owing to longstanding hostility between the
petitioner’s family and the family of the said gangster, the police
authorities, acting upon purportedly false insinuations made by
the gangster’s relatives, repeatedly subjected the petitioner to
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harassment, unlawful questioning and coercive interference
despite there being no criminal antecedents against him.
2.2. The petitioner has further averred that on 19.05.2024, a
substantial police contingent allegedly entered his residence
during early morning hours without prior notice or warrant,
subjected the family members to humiliation and forcibly took the
petitioner to Police Station Sujangarh Sadar Police Station, where
he was allegedly detained for several hours. It is also alleged that
his mobile phone was seized without adherence to legal procedure
and that his photographs were subsequently published alongside
alleged criminals in local newspapers, thereby causing irreparable
injury to his reputation and dignity.
2.2. The grievance of the petitioner further reveals that
subsequent thereto, police personnel repeatedly summoned him
telephonically without issuance of any formal notice and allegedly
compelled his appearance at the police station on numerous
occasions. According to the petitioner, despite having no criminal
background whatsoever, he has continuously been subjected to
mental agony, social humiliation and infringement of his
fundamental rights guaranteed under Article 21 of the Constitution
of India merely because of his residential proximity to the alleged
gangster. Hence, the present writ petition has been filed before
this Court seeking protection against alleged arbitrary police
action.
3. Learned counsel for the petitioner submits that the petitioner
is a law-abiding citizen having no criminal antecedents and is
being unnecessarily harassed by the local police authorities solely
on account of his residential proximity to one alleged gangster
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namely Virendra Charan. It is contended that repeated
summoning of the petitioner without issuance of notice under the
provisions of BNSS and alleged acts of illegal detention constitute
a serious infringement of the petitioner’s constitutional rights
guaranteed under Article 21 of the Constitution of India. It is
further submitted that the petitioner apprehends further coercive
action at the hands of the police authorities despite there being no
incriminating material against him.
4. Per contra, learned counsel appearing for the State submits
that the police authorities are duty bound to maintain law and
order and to conduct investigation with regard to absconding
criminals and anti-social elements operating within the region. It
is contended that no deliberate illegality has been committed by
the police officials and that the authorities are acting strictly in
accordance with law.
5. I have heard learned counsel for the parties and have
bestowed my thoughtful consideration to the submissions
advanced at the Bar.
5.1. This Court has given anxious consideration to the rival
submissions advanced by learned counsel for the parties.
Undoubtedly, maintenance of public order and investigation into
criminal activities fall within the exclusive domain of the police
authorities. Simultaneously, it is equally well settled that the
powers vested in the investigating agency are required to be
exercised strictly within the four corners of law and in consonance
with the constitutional safeguards guaranteed to every citizen.
5.2. The allegations levelled by the petitioner primarily pertain to
repeated summoning, alleged harassment and apprehension of
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coercive action by the local police authorities. At this stage, this
Court does not deem it appropriate to enter into a meticulous
adjudication upon disputed questions of fact, particularly in
exercise of extraordinary writ jurisdiction under Article 226 of the
Constitution of India. Nonetheless, the grievances projected by the
petitioner with regard to adherence to due process and procedural
safeguards deserve appropriate consideration by the competent
supervisory authority.
5.3. It is trite law that personal liberty and dignity of an individual
constitute invaluable facets of Article 21 of the Constitution of
India and any investigative exercise undertaken by the police
machinery must remain tempered with procedural fairness,
legality and restraint. The investigating agency cannot transgress
the statutory safeguards engrafted under the BNSS and other
applicable laws while undertaking investigative measures. At the
same time, the Court is also conscious of the necessity of ensuring
that investigating authorities are not unnecessarily obstructed in
discharge of their lawful duties concerning maintenance of law and
order and tracing of proclaimed offenders or absconding criminals.
5.4. In the considered opinion of this Court, the ends of justice
would adequately stand served by directing the petitioner to
ventilate his grievances before the superior supervisory police
authority so that the matter may be examined objectively and
appropriate remedial measures, if warranted, may be undertaken
in accordance with law.
6. Accordingly, the present petition stands disposed of with a
direction to the petitioner to remain present before the Inspector
General of Police, Range Bikaner and place his grievances before
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the said authority. Upon such appearance, the Inspector General,
Range Bikaner, shall examine the matter in its entirety and afford
due consideration to the grievances raised by the petitioner.
Thereafter, appropriate directions, as may be warranted in the
facts and circumstances of the case, shall be issued to the
concerned officers with an assurance that law and order shall be
maintained and that the procedure prescribed under the BNSS and
other applicable laws shall be scrupulously followed and adhered
to in letter as well as spirit.
7. With the aforesaid directions and observations, the present
petition stands disposed of. The stay petition also stands disposed
of accordingly.
(FARJAND ALI),J
24-Mamta/-
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