Pawan Kumar vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 24761 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58982-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7068 of 2023
 
Petitioner :- Pawan Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Vimal Kishor Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

1. Heard learned AGA and perused the record.

2. It has been informed that the Advocates are abstaining from judicial work today.

3. This writ petition has been filed praying the following main reliefs:

"(i) To issue a writ order or direction in the nature of Mandamus commanding and directing to the opposite parties to ensure free, fair and transparent investigation of the Case Crime No. 226/2023 Under Sections 419, 420, 467, 468 IPC, Police Station-Uttraula, District Balrampur, within stipulated time by this Hon'ble Court, in the interest of justice."

4. Learned AGA has raised a preliminary objection regarding the prayer made by the petitioner in this petition as such direction cannot be granted by this Court in these proceedings.

5. 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.

6. 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 :- 13.9.2023/AKK