Citation : 2022 Latest Caselaw 2107 ALL
Judgement Date : 5 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6909 of 2020 Petitioner :- Ram Murat Yadav Respondent :- State Of U.P. Through Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sanjay Kumar,Amar Nath Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Amar Nath Dubey, learned counsel for the petitioner and Ms. Smiti Sahay, learned A.G.A. for the State and perused the record.
This writ petition has been filed by the petitioner with the following prayers:-
"(i) issue a writ order or direction in the nature of mandamus commanding the opposite parties no. 1 to 3 to take appropriate action against the opposite parties no. 4 to 6 on the complaint of the petitioner dated 13.11.2019.
(ii) issue such other writ order or direction in the nature of mandamus commanding the opposite party no. 2 to direct the opposite party no. 3 to register the first information report of the petitioner and take necessary action in accordance with law against the opposite parties no. 4 to 6 as per law laid down by Hon'ble Supreme Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1. "
Learned A.G.A. appearing on behalf of the State respondent has drawn our attention towards the prayer made in the present writ petition. When a pointed query was made from the counsel for the petitioner regarding maintainability of the prayer made in the present writ petition, he could not give a satisfactory reply.
The learned A.G.A. for the State 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 and 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 :- 5.5.2022
Arun
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