Rakesh Kumar Tripathi vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Rakesh Kumar Tripathi vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 19 December, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:83760-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9592 of 2023
 

 
Petitioner :- Rakesh Kumar Tripathi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Harshit Gupta,Anjali Singh,Raja Janak Singh,Shashank Pandey,Vasudev Dixit
 
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:-

a) issue a writ, order or direction in the nature of Mandamus Commanding the opposite party no.1 to 3 to investigate the matter fairly relating to the FIR which was registered as F.I.R. No. 0059/2023, dated 24-01-2023, Under Sections-419, 420, 406, 504 and 506 1.P.C. at Police Station-PGT, District Lucknow, in the interest of justice.

b. issue a writ, order or direction in the nature of Mandamus Commanding the opposite party no.1 to 3 to arrest the culprits of F.I.R. No. 0059/2023, dated 24-01-2023, Under Sections-419, 420, 406, 504 and 506 Indian Penal code, at Police Station-PGI, District- Lucknow that are opposite parties no.5 and the other unknown persons immediately which is marked as Annexure-1 to this writ petition.

c. Issue a writ, order or direction in the nature of Mandamus commanding Opposite Party no. 04 to provide protection in compliance of order dated 30- 05-2023 of the Hon'ble Chief Judicial Magistrate Lucknow which is attached as annexure-3 of this wr petition.

It has been submitted by the learned counsel for the petitioner that although the F.I.R. was lodged by the petitioner on 24.1.2023 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 :- 19.12.2023

Anuj Singh