Sonu Mishra vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 20043 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:50553-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5912 of 2023
 

 
Petitioner :- Sonu Mishra
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lucknow And Others
 
Counsel for Petitioner :- Shailendra Misra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

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

2. This petition has been filed with a prayer to issue a writ, order or direction in the nature of Mandamus thereby commanding to the opposite party nos. 2 and 3 to take appropriate action against the opposite party no. 4 to 6 by conducting free and fair investigation in F.I.R. dated 14.2.2020 registered as Case Crime No. 69 of 2020 under Sections 406, 419, 420, 467, 468, 471, 504, 506 IPC, P.S. Wazirganj, District Lucknow and for a direction to the opposite parties no. 2 and 3 to arrest the opposite parties nos. 4 to 6 pursuant to the impugned FIR.

3. Learned AGA has raised a preliminary objection regarding the prayer made by the petitioner in this petition as such direction cannot be granted by this Court in these proceedings.

4. 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.

5. 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 :- 1.8.2023

AKK