Mohd. Amzad vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 10255 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2623 of 2023
 
Petitioner :- Mohd. Amzad
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Crime And Investigation Deptt. Lko. And Others
 
Counsel for Petitioner :- Sheo Prakash Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record.

This petition has been filed praying the following main reliefs:-

"(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties no.1 and 2 to transfer the investigation of case crime/ FIR No.08/2023, under Sections - 147, 148, 149, 295 A, 307, 323, 394, 427, 452, 379, 436, 505, 505 (1), 505 (1) (B), 34, 504, 506 of IPC and 7 Criminal Law Amendment Act, registered at police station - Baldirai, District Sultanpur to another investigating agency or by the higher police officer not below the rank of Additional Superintendent of Police from other district to ensure the fair and proper investigation, contained as Annexure No.1 to this writ petition, in the interest of justice.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties no.1 and 2 to decide the representation of the petitioner dated 09.02.2023 contained as Annexure No.6 to this writ petition."

Learned A.G.A. has made preliminary objections that the Hon'ble Supreme Court in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and others, reported in (2016) 6 SCC 277 relying upon an earlier judgment of the Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others, reported in (2008) 2 SCC 469 has held that this Court normally should not entertain such petitions for the reason that complainant in such situations is at liberty to avail the alternative remedy by approaching the Magistrate concerned under Section 156(3) Cr.P.C.

Accordingly, we are not inclined to entertain this writ petition, which is hereby disposed of with the observation that it will be open to the petitioner to approach the Magistrate concerned by moving an application under Section 156(3) Cr.P.C. If any such application is moved by the petitioner/complainant, the same shall be dealt in accordance with law by the Magistrate concerned.

Order Date :- 7.4.2023

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