Jagannath vs State Of U.P. Thru. Secy. ...
2021 Latest Caselaw 6558 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 12492 of 2021
 

 
Petitioner :- Jagannath
 
Respondent :- State Of U.P. Thru. Secy. Home,Lko.& Ors.
 
Counsel for Petitioner :- Bhup Chandra Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Ajai Kumar Srivastava-I,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 No.0248 of 2021, dated 06.06.2021, under Sections-147, 308, 323, 504, 506, 392 I.P.C. & 3 (1) (Da), 3 (1) (Gha) SC/ST Act, Police Station-Kadipur, District-Sultanpur.

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 409 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 :- 22.6.2021

Mahesh