Krishnanand vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 384 ALL

Citation : 2023 Latest Caselaw 384 ALL
Judgement Date : 4 January, 2023

Allahabad High Court

Krishnanand vs State Of U.P. Thru. Addl. Chief ... on 4 January, 2023

Bench: Devendra Kumar Upadhyaya, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10027 of 2022
 
Petitioner :- Krishnanand
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Sectt. Lko. And Others
 
Counsel for Petitioner :- Shiv Sharan Singh
 
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 State counsel.

This petition has been filed seeking a direction to opposite parties to get the investigation through independent agency in a fair and proper manner in Case Crime No.0023 of 2020, under Sections 419, 420, 467, 468, 471, 506 I.P.C. registered on 23.01.2020 at Police Station Huzoorpur, District Bahraich.

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 409] 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 dismissed.

However, notwithstanding dismissal of the writ petition, 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 with in accordance with law by the Magistrate concerned.

(Narendra Kumar Johari,J.) (Devendra Kumar Upadhyaya,J.)

Order Date :- 4.1.2023/Reena/-