Abhai Behari Srivastava vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 2497 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15653 of 2017
 
Petitioner :- Abhai Behari Srivastava
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Ors.
 
Counsel for Petitioner :- G.S.L. Verma,Kaushal Kishore,Meera Jain
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri G.S.L.Verma, learned counsel for the petitioner, Sri G.D.Bhatt, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This petition has been filed by the petitioner with a prayer commanding the opp. party no.2 to enforce and implement the order/judgment dated 20.5.2017 passed by opp. party no.2 in case no.26 of 2017, under Section 133 Cr.P.C.,Police Station Kotwali Nagar, District Faizabad, State Vs. Vipin Behari Lal Srivastava, decided as per judgment passed by this Court vide order dated 25.5.2013 in Writ Petition No.8375 of 2012, Abhi Behari Srivastava Vs. State of U.P. and others, which has already became Rule Absolute under the provision of Section 141 read with Section 136 Cr.P.C. forthwith as there is no legal impediment in informant/ implementation of the the same. But the opp. party no.2 has not taken any action to implement only on the ground of pendency of Review Application dated 26.5.2017 filed by opp. party no.4 though under the provision of Section 362 Cr.P.C. no review application is maintainable against the said final order/judgment dated 20.5.2017.

Learned A.G.A. has raised a preliminary objection regarding the prayer made in the writ petition and states that the petitioner has a remedy for challenging the same in 482 Cr.P.C. application or criminal revision, as the case may be, to which learned counsel for the petitioner prays that the present writ petition may be dismissed as not pressed with liberty to avail appropriate legal remedy available under law.

Accordingly the present writ petition is dismissed as not pressed with liberty to the petitioner to avail appropriate legal remedy available under law.

(Mrs. Rekha Dikshit,J.)     (Ramesh Sinha, J.)

Order Date :- 18.7.2017/NS