Rasid Ali vs State Pf U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 8680 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2164 of 2023
 

 
Petitioner :- Rasid Ali
 
Respondent :- State Pf U.P. Thru. Addl. Chief Secy. Govt. Of U.P. Lko. And Others
 
Counsel for Petitioner :- Ajeet Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Narendra Kumar Johari,J.

Heard Shri Ajeet Kumar, learned Counsel for the petitioner, Shri Badrul Hasan, learned Additional Government Advocate for the State-respondents no.1 to 4 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.2 and 3 to consider and decide the representation of the petitioner dated 27.02.2023.

Learned Counsel for the petitioner submits that he has moved a representation before Superintendent of Police, District Amethi- respondent no.3 on 27.02.2023 requesting him to register the FIR against respondent no.5.

Learned Additional Government Advocate for the State-respondents, 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 :- 23.3.2023

Anand Sri./-