Raj Kumar @ Raju vs State Of U.P. Thru. Secy. ...
2021 Latest Caselaw 6446 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- MISC. BENCH No. - 12256 of 2021
 

 
Petitioner :- Raj Kumar @ Raju
 
Respondent :- State Of U.P. Thru. Secy. Home,Lko.&Ors.
 
Counsel for Petitioner :- Pawan Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rakesh Srivastava,J.

Hon'ble Mrs. Saroj Yadav,J.

On account of prevailing Covid-19 pandemic, the case was taken up through video conferencing.

Sri Pawan Kumar Pandey, the learned counsel for the petitioner and Sri Pankaj Kumar Tiwari, learned Additional Government Advocate appearing for the State-respondent are present.

This petition has been filed praying inter alia the following relief:-

"1) Issue a writ, order or direction, in the nature of mandamus commanding and directing the opposite part nos. 1 to 3 to lodge F.I.R. in proper sections and make fair investigation in the matter of petitioner."

Having regard to the overall facts and circumstances of the case, for prayer made in this case, we feel it appropriate to refer to the judgment of Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others, reported in [(2008) 2 SCC 409] as reiterated by Hon'ble Supreme Court in yet another judgment in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and others, reported in (2016) 6 SCC 277. In these judgments Hon'ble Supreme Court has held that this Court should not ordinarily entertain such petitions for the reason that complainant in such situation is at liberty to avail the remedy by approaching the Magistrate concerned under Section 156 (3) of the Code of Criminal Procedure.

In view of the aforesaid, this writ petition is finally disposed of with liberty to the petitioner to approach the Magistrate concerned as provided in the aforesaid judgments. In case the petitioner approaches the Magistrate concerned, he shall pass appropriate orders for lodging the First Information Report/direction to the Investigating Officer which may be warranted under law.

We may make it clear that we have not made any observation whatsoever on the merit of the claim of the petitioner.

Order Date :- 18.6.2021

A.K. Singh

(Saroj Yadav, J.) (Rakesh Srivastava, J.)