Ram Saran Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1768 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21339 of 2020
 

 
Petitioner :- Ram Saran Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.Andors.
 
Counsel for Petitioner :- Salik Ram Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

Heard Shri Salik Ram Yadav, learned Counsel for the petitioner, Shri Arunendra, learned A.G.A. for the State-respondents no.1 to 3 and perused the record.

This writ petition has been filed by the petitioner - Ram Saran Yadav with a prayer to issue a writ of mandamus commanding the respondent nos.2 and 3 to register the FIR at Police Station Baldirai, District Sultanpur and take action in accordance with law against the accused person, i.e., respondent no.4 in pursuance of application dated 17.07.2020 and 03.10.2020 made by petitioner before respondent no.2 and 3.

Learned counsel for the petitioner submits that he has moved an application before Superintendent of Police, District Sultanpur- respondent no.2 on 03.10.2020 requesting him to register the FIR against respondent no.4.

Learned A.G.A., on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the court below by filing an application under Section 156 (3) Cr.P.C. He further submits that the controversy involved in the present matter has already been decided by this Court in similar 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.

Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate forum.

(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)

Order Date :- 28.4.2022

Anand Sri./-