Anoop Kumar vs State Of U.P. Thru. Secy. Deptt. Of ...
2023 Latest Caselaw 9348 ALL

Citation : 2023 Latest Caselaw 9348 ALL
Judgement Date : 29 March, 2023

Allahabad High Court

Anoop Kumar vs State Of U.P. Thru. Secy. Deptt. Of ... on 29 March, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2340 of 2023
 
Petitioner :- Anoop Kumar
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home And Others
 
Counsel for Petitioner :- Brijesh Singh Vishen,Mohammad Irfan Siddiqui
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

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

This petition has been filed seeking a direction to the opposite parties to conduct fair and proper investigation in respect of First Information Report dated 07.01.2023 lodged at Case Crime No.0016 of 2023 under Sections 409 & 420 IPC Police Station Vibhuti Khand, District Lucknow.

It is the case of the petitioner that he has lodged an F.I.R. against the accused person, in which during the course of investigation, the Investigating Officer has removed Section 409 I.P.C.

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 :- 29.3.2023/Reena/-