Awadh Sharan Mishra vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 19958 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9113 of 2022
 
Petitioner :- Awadh Sharan Mishra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Petitioner :- Praveen Tripathi,Shakti Krishna Chaube
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Hon'ble Mohd. Aslam,J.

Heard learned counsel for the petitioner and learned AGA for the State

In view of the order proposed to be passed, notice to opposite party no.5 is dispensed with.

By means of this petition, the petitioner has prayed the following main relief:-

"(i) to issue a writ, order, or direction in the nature of mandamus commanding the opposite parties to conduct the investigation of the case crime no.0269/2022, U/S - 420/467/468/471/409 I.P.C., Police Station: Mankapur, District: Gonda in free and fair manner and the documents submitted by the petitioner be also investigated and made part of the case diary."

Learned AGA has opposed the aforesaid prayer and has submitted that the petitioner may very well approach the learned Magistrate/ court concerned by filing an appropriate application in the light of paras 24 to 27 of the judgment of the Apex Court in re; Sakiri Vasu v. State of U.P. & Ors, AIR 2008 SC 907.

Considering the aforesaid submission of learned AGA, we hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to approach the competent court of law by filing appropriate application and if such application is filed, the same shall be considered and disposed of strictly in accordance with law.

[Mohd. Aslam,J.] [Rajesh Singh Chauhan,J.]

Order Date :- 5.12.2022 /RBS/-