Dali Tivari Alias Dali Upadhyay vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 7399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1927 of 2023
 

 
Petitioner :- Dali Tivari Alias Dali Upadhyay
 
Respondent :- State Of U.P. Thru. Prin. Secy. Lko. And Others
 
Counsel for Petitioner :- Mahesh Chandra Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Narendra Kumar Johari,J.

Heard Shri Mahesh Chandra Shukla, learned Counsel for the petitioner, Shri Badrul Hasan, learned Additional Government Advocate for the State-respondents no.1 to 3 and perused the record.

This writ petition has been filed by the petitioner with a prayer to issue a writ of mandamus commanding the respondent nos.1 to 4 to lodge first information report against respondents no.5 to 9; with a further prayer to consider and decide the representation of the petitioner's dated 20.01.2023, which is pending before respondents no.1 to 4.

Learned Counsel for the petitioner submits that he has moved a representation before Superintendent of Police, District Sultanpur- respondent no.3 on 20.01.2023 requesting him to register the FIR against respondent nos.5 to 9.

Learned Additional Government Advocate, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the court below by filing an application under Section 156 (3) Cr.P.C. He further submits that the controversy involved in the present matter has already been decided by this Court in similar matter in Misc. Bench No.24492 of 2020 : Waseem Haider Vs. State of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 dismissing the said petition, hence, the present petition be also dismissed in terms of the said order.

Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum.

(Narendra Kumar Johari, J.) (Ramesh Sinha, J.)

Order Date :- 14.3.2023

Anand Sri./-