Citation : 2021 Latest Caselaw 9667 ALL
Judgement Date : 5 August, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 16818 of 2021 Petitioner :- Savitri Singh Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors. Counsel for Petitioner :- Mahendra Nath Mishra Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Mahendra Nath Mishra, learned Counsel for the petitioner and Ms. Meera Tripathi, learned AGA for the State/respondents no. 1 to 3.
This writ petition has been filed by the petitioner, Savitri Singh, seeking a writ of mandamus directing the respondent no.3-Station House Officer, Police Station Kotwali Mankapur, District Gonda to register the criminal case in appropriate sections of Indian Penal Code against culprits i.e. respondents no. 4 and 5 and also conclude the investigation by the authority concerned.
Learned A.G.A. has drawn our attention towards the aforesaid prayer made in the present writ petition and argued that the instant writ petition is not maintainable. He further pointed out that the controversy involved in the present matter has already been adjudicated and decided by this Court in identical matter in Misc. Bench No.24492 of 2020 : Waseem Haider Vs. State of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 dismissing the said petition, hence, the present petition be also dismissed in terms of the said order.
When a pointed query was made from the counsel for the petitioner regarding maintainability of the prayer made in the present writ petition, he could not give a satisfactory reply.
Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate forum as provided under law, if so desires.
.
(Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 5.8.2021
Ajit/-
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