Ramlali vs State Of U.P. Thru. Secy. Home Lko. ...
2023 Latest Caselaw 8303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2111 of 2023
 

 
Petitioner :- Ramlali
 
Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Chhote Lal Yadav,Ajay Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Mrs. Saroj Yadav,J.

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

This petition has been filed seeking a direction to the respondent no.3 to lodge the F.I.R. against opposite parties nos.4 to 7 on the basis of application dated 20.2.2023.

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 referring to 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 in accordance with law by the Magistrate concerned.

.

(Mrs. Saroj Yadav,J) (A.R.Masoodi,J)

Order Date :- 21.3.2023

Shukla