Smt. Gudda vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2425 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 576 of 2023
 

 
Petitioner :- Smt. Gudda
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Lko. And Others
 
Counsel for Petitioner :- Vivek Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Narendra Kumar Johari,J.

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

This petition has been filed seeking a direction to the opposite party Nos. 2 and 3 to conduct a fair and proper investigation in respect of First Information Report dated 27.09.2022 lodged at Case Crime No.0485 of 2022, under Sections 354, 147, 323, 506 IPC and Section 7/8 of POCSO Act, Police Station Purwa, District Unnao.

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 :- 23.1.2023

ML/-