Noor Ali vs State Of U.P. And 2 Others
2023 Latest Caselaw 27333 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192284
 
Court No. - 6
 

 
Case :- WRIT - C No. - 32879 of 2023
 

 
Petitioner :- Noor Ali
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sandeep Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Learned Standing Counsel submits that petitioner being complainant has no locus to file such petition. Even otherwise, the writ petition has been filed with the single prayer to decide the representation, which is not maintainable.

In support of his submission, he has relied upon the Full Bench judgment of this Court in the case of Vivekanand Yadav v. State of U.P. and Another 2010(10)ADJ 1 (FB). He has also relied upon the judgement of Apex Court in case of A.P.S.R.T.C. & Ors. vs. G. Srinivas Reddy & Ors. reported in A.I.R. 2006 SC 1465, wherein it has been held that a writ with the prayer to decide the representation is not maintainable if there is no statutory provision for filing the representation. Reference may also be made to the judgement of this Court in the case of Daya Shankar Pande vs. State of U.P. and others, reported in 2001(1) AWC 671.

Accordingly, the writ petition is dismissed as not maintainable.

Order Date :- 5.10.2023

Rahul.