Allahabad High Court
Mohammad Faiyaz vs State Of U.P. Thru. Secy. Home ... on 11 November, 2022
Bench: Ramesh Sinha, Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8309 of 2022
Petitioner :- Mohammad Faiyaz
Respondent :- State Of U.P. Thru. Secy. Home Civil Secrett. U.P. Lko. And Others
Counsel for Petitioner :- Krishna Gopal
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Renu Agarwal,J.
Shri Amit Bose, learned Senior Advocate assisted by Shri S.A. Ahmad, learned counsel has filed Vakalatnama on behalf of respondent no.6 in Court today, the same is taken on record.
Heard Shri Krishna Gopal, learned counsel for petitioner, Shri Amit Bose, learned Senior Advocate assisted by Shri S.A. Ahmad, learned counsel for respondent no.6, Shri S.N. Tilhari, learned A.G.A. for State-respondents no.1 to 5.
This writ petition has been filed by petitioner- Mohammad Faiyaz, seeking a writ of mandamus commanding the respondent nos.2 and 3 to consider and decide the applications of the petitioner dated 12.09.2022 and 20.09.2022 requesting him to register the F.I.R. against respondent no.6.
It has been argued by learned counsel for petitioner that earlier an F.I.R. was lodged against the petitioner by respondent no.6 on 17.09.2022, bearing F.I.R. No.0515 of 2022, under Sections 384, 192, 504, 507 I.P.C., Police Station Dewa, District Barabanki, a copy of which is annexed as Annexure No.2 to the writ petition. He further argued that petitioner has filed Public Interest Litigation bearing P.I.L. No.26020 of 2021 which was disposed of in terms of judgment of Apex Court in Mrinalini Padhi vs. Union of India and others passed in Writ Petition (Civil) No. 649 of 2018 dated June 08, 2018 and July 05, 2018, vide order dated 9.11.2021, a copy of which is annexed as Annexure No.3 to the writ petition.
Learned counsel for private respondent and learned A.G.A. for the State-respondents, on the other hand, have 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 controversy involved in the present matter has already been decided by this Court in a similar matter in the case reported in 2021 (2) ADJ 86 (LB) (DB) : Waseem Haider Vs. State of U.P. Through Principal Secretary, Home and Others, hence, the present writ petition is liable to be 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 :- 11.11.2022
Shubhankar
