1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. Civil Writ Petition No. 2431/08 (Rajendra Singh Bhati Vs. State of Rajasthan & Ors.) Date of order : 13.05.2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. R.S.Shekhawat for the petitioner. By the instant writ petition, the petitioner seeks a direction to the respondent State to provide him protection from respondent No.7 as also to open a history sheet against the respondent No.7. I have heard learned counsel for the petitioner. If the petitioner has any apprehension to his life from the respondent No.7, it is open for the petitioner to move to the concerned S.H.O. within whose territory the petitioner and respondent No.7 reside under Section 107 and 116 (3) Cr.P.C. so that if such an application is filed before the concerned S.H.O. and if the concerned S.H.O. filed the complaint before the competent Executive Magistrate, the same can be inquired into 2 and appropriate order can be passed. So far as seeking direction to open history sheet against respondent No.7 is concerned, it is for the concerned police station to proceed if requisite material exists before it against the respondent No.7 for opening such a history sheet. However, the directions sought by the petitioner by this Court are misconceived when the appropriate remedy is available before the police and the Executive Magistrate having jurisdiction. From the perusal of the averments made in para No.3,4 and 5 of the writ petition, it appears that the authorities concerned have already directed to the concerned police officials for the reliefs which the petitioner has sought in the instant writ petition and it is expected that the authorities concerned would proceed in accordance with law. The writ petition is devoid of any merit and it is therefore, dismissed in limine. (H.R.PANWAR), J. rp 3 S.B.Civil Misc. Stay Petition No. 4338/08 In S.B. Civil Writ Petition No. 2431/08 (Rajendra Singh Bhati Vs. State of Rajasthan & Ors.) Date of order : 13.05.2008 HON'BLE MR.H.R.PANWAR,J. Mr. R.S.Shekhawat for the petitioner. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp