Yadunandan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22812 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55811-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6575 of 2023
 
Petitioner :- Yadunandan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Vijay Kumar
 
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 writ petition has been filed praying the following main reliefs:

"(I) Issue a Writ, order or direction in the nature of Mandamus commanding the opposite parties 1 and 2 to pass an appropriate order for transfer of the investigation of F.I.R. No. 0477 of 2022 under Section 406 IPC, P.S. Huzurpur, District Bahraich as contained in ANNEXURE NO. 1 to this writ petition to any other police station of the District so that the fair and impartial investigation may be done in the matter."

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 :- 22.8.2023

AKK