Rinki Gautam vs State Of U.P. Thru. Secy. Home ...
2022 Latest Caselaw 20174 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9138 of 2022
 
Petitioner :- Rinki Gautam
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Mohd. Salman
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Renu Agarwal,J.

Heard Shri Mohd. Salman, learned Counsel for the petitioner, Shri S.N. Tilhari, learned A.G.A. for the State-respondents no.1 to 3 and perused the material brought on record.

This writ petition has been filed by the petitioner - Rinki Gautam with a prayer to issue a writ in the nature of mandamus commanding the respondents no.2 and 3 to take appropriate action against respondent no.4 on the basis of application dated 20.08.2022; with a further prayer to command the respondent no.4 to not interfere in peaceful life of petitioner and his family members.

Learned counsel for the petitioner submits that she has moved an application before Superintendent of Police, District Unnao- respondent no.2 on 20.08.2022 requesting him to take necessary action 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. Renu Agarwal, J.) (Ramesh Sinha, J.)

Order Date :- 6.12.2022

Anand Sri./-