Mumtaj Begum vs State Of U.P. Thru. Addl. Secy. ...
2022 Latest Caselaw 9295 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5508 of 2022
 

 
Petitioner :- Mumtaj Begum
 
Respondent :- State Of U.P. Thru. Addl. Secy. Home Civil Sectt. Lucknow And Others
 
Counsel for Petitioner :- Santosh Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

Heard Shri Mohd. Faizan, Advocate, holding brief of Shri Santosh Kumar Singh, learned Counsel for the petitioner, Shri Arun Kumar Pandey, learned A.G.A. for the State-respondents no.1 to 7 and perused the record.

This writ petition has been filed by the petitioner, namely, Suderpati with a prayer to issue a writ of mandamus commanding the respondent no.6 to not harass the petitioner and register the FIR of gang rape and suicide of daughter of the petitioner; with a further prayer to provide adequate security to the petitioner and his other family members till the conclusion of the investigation; with a further prayer to re-conduct the post-mortem on the body of petitioner's daughter and produce the viscera report before this Court.

Learned Counsel for the petitioner submits that she has moved representation before Commissioner of Police, Police Commissionerate, Lucknow - respondent no.2, Assistant Commissioner of Police, District Lucknow East (Commissionerate Lucknow) on 02.06.2022 requesting him to register the FIR against the accused persons.

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 :- 4.8.2022

Anand Sri./-