Shabnam Gautam vs State Of U.P. Thru Prin. Secy. Home ...
2021 Latest Caselaw 202 ALL

Citation : 2021 Latest Caselaw 202 ALL
Judgement Date : 5 January, 2021

Allahabad High Court

Shabnam Gautam vs State Of U.P. Thru Prin. Secy. Home ... on 5 January, 2021

Bench: Devendra Kumar Upadhyaya, Mohd. Faiz Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- MISC. BENCH No. - 26134 of 2020
 

 
Petitioner :- Shabnam Gautam
 
Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors.
 
Counsel for Petitioner :- Chandra Bhushan,Anil Kumar Khare,Shivendra Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Mohd. Faiz Alam Khan,J.

Heard learned counsel for the petitioner and learned Additional Government Advocate.

This petition has been filed seeking a direction to the Investigating Officer/Agency to conduct fair and proper investigation in respect of First Information Report lodged at Case Crime No.174 of 2019, under Sections 323, 354 (gha), 504, 506 IPC and Section 3 (1) (da) and 3 (1) (Dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Krishna Nagar, District Lucknow.

We have perused the averments made in the writ petition and are not convinced that any direction, as has been prayed for by the petitioner in this writ petition, can be granted in these proceedings. The Supreme Court in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and others, reported in (2016) 6 SCC 277 relying upon an earlier judgment of the Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others, reported in (2008) 2 SCC 469 has held that this Court normally should not entertain such petitions for the reason that complainant in such situations is at liberty to avail the alternative remedy by approaching the Magistrate concerned under Section 156(3) Cr.P.C.

Accordingly, we are not inclined to entertain this writ petition, which is hereby dismissed.

However, notwithstanding dismissal of the writ petition, it will be open to the petitioner to approach the Magistrate concerned by moving an application under Section 156(3) Cr.P.C. If any such application is moved by the petitioner/complainant, the same shall be dealt in accordance with law by the Magistrate concerned.

Order Date :- 5.1.2021

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