Ghanshyam Jagwani vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 20172 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9157 of 2022
 
Petitioner :- Ghanshyam Jagwani
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Others
 
Counsel for Petitioner :- Salman Abbas
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Renu Agarwal,J.

Heard Shri Salman Abbas, learned Counsel for the petitioner and Shri Arunendra, learned A.G.A. for State-respondents.

This writ petition has been filed by petitioner- Ghanshyam Jagwani, seeking following reliefs:

"I. Issue writ, order, direction in the nature of mandamus it is most respectfully prayed to the Hon'ble Court may graciously be pleased to direct and commanding the opp. party no.2 and 3 immediately registered the FIR and investigate the matter on a written complaint dated 24-09-2021 & 28-02-2022 content as Annexure No.3 & 4 to this writ petition for securing the interest of justice.

II. Issue writ, order, direction in the nature of mandamus it is most respectfully prayed to the Hon'ble Court may graciously be pleased to direct and commanding the opp. party no.2 & 3 to decide the complaint/representation dated 24-09-2021 & 28-02-2022 in view of the judgment of Hon'ble Apex Court in case of Lalita Kumari vs. Government of U.P. & others reported in (2014) 2 SCC-1 for securing of interest of justice."

Learned A.G.A. has drawn our attention towards the prayer made in the present writ petition. When a point query was made from learned counsel for the petitioner regarding maintainability of the prayer made in the present writ petition, he could not give a satisfactory reply.

Learned A.G.A. further pointed out 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. Renu Agarwal, J.) (Ramesh Sinha, J.)

Order Date :- 6.12.2022/Shubhankar