Gauri Shankar Tiwari vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 13190 ALL

Citation : 2023 Latest Caselaw 13190 ALL
Judgement Date : 27 April, 2023

Allahabad High Court

Gauri Shankar Tiwari vs State Of U.P. Thru. Prin. Secy. ... on 27 April, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3300 of 2023
 

 
Petitioner :- Gauri Shankar Tiwari
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Sudhakar Mishra,Karuna Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.

This petition has been filed seeking a direction to the opposite parties No. 2 & 3 to conduct fair and proper investigation in respect of First Information Report dated 05.02.2023 lodged at Case Crime No.0036 of 2023 under Sections 307, 308, 323, 504, 506, and 34 IPC Police Station Kurawar, District Sultanpur.

It is the case of the petitioner that he has lodged an F.I.R. against the accused person, but the Investigating Officer is not conducting the fair investigation, because of the collusion with accused person.

We have perused the averments made in the writ petition and are not convinced that any direction, as has been prayed for by the petitioner in this writ petition, can be granted in these proceedings. The 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 :- 27.4.2023

Reena/-