Noor Ahmad vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2023 Latest Caselaw 35125 ALL

Allahabad High Court

Noor Ahmad vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 14 December, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:82223-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9461 of 2023
 

 
Petitioner :- Noor Ahmad
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Afaq Zaki Khan,Alimulla Khan,Mohammad Asad Mahmood
 
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 the opposite parties to 1,2 and 3 to proceed in accordance with law and they may also be directed to take necessary action in pursuance of F.I.R no.0397/2023 under section 420,467,468,471 I.P.C dated 31/10/2023 contained as annexure no.1 to this writ petition

It has been submitted by the learned counsel for the petitioner that although the F.I.R. was lodged by the petitioner on 31.10.2023 but the Investigating Officer is conducting a fair investigation and he is in collusion with the opposite parties.

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 :- 14.12.2023

Anuj Singh