Umesh Chandra vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 16357 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36952-DB
 

 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3953 of 2023
 
Petitioner :- Umesh Chandra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Civil Secrett. Lko. And Others
 
Counsel for Petitioner :- Amit Kumar Keshari,Kahkashan Zaidi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record.

This petition has been filed praying the following main reliefs:-

? (i) Issue a writ, order or direction in the nature of Mandamus directing the Opposite Parties particularly opposite party no.2 (Superintendent of Police, Ambedkar Nagar) to monitor and conclude the investigation of the FIR/ Case Crime No.35/2023, under Sections ? 323, 354 B, 504, 506 IPC & Section 3 (2) (va) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended 2015), police station ? Jahangeerganj, District ? Ambedkar Nagar and further ensure its free and fair investigation at an earliest.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2, i.e., Superintendent of Police, Ambedkar Nagar to take all appropriate action in this regard in accordance with law.?

Learned counsel for the petitioner says that the FIR was lodged by the petitioner on 13.02.2023 but no investigation is being carried out by the Investigating Officer.

Learned A.G.A. has made preliminary objections saying that the Hon'ble 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 :- 23.5.2023

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