Allahabad High Court
Hari Shankar vs State Of U.P. Thru. Prin. Secy. ... on 15 September, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:59313-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 7098 of 2023
Petitioner :- Hari Shankar
Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others
Counsel for Petitioner :- Amar Singh
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard 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 commanding the respondent no. 2 to transfer the investigation of First Information Report dated 24.7.2023 registered in case crime/F.I.R. No. 245 of 2023 under Sections 363, 366 I.P.C. Police Station- Para, District- Lucknow
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondent to conduct fair investigation in the impugned F.I.R.
Learned A.G.A. has produced the instructions sent by the Sub Inspector, Police Station- Para, District- Lucknow wherein it has been stated that the victim was recovered and her educational documents shows her date of birth as 11.1.2006, as such she was 17 years and 6 months of age at the time she left her home. The victim refused to get herself medically examined. In her statement recorded under Section 164 Cr.P.C. she has stated that victim is one out of four sisters. There is no brother. The father was always harassing the victim and also beating her up. As a result on 22.7.2023 she had run away from home and left at the Charbag Railway Station. She has taken Rs. 500/- from home at the time of running and, therefore, could survive. When she had gone to Krishna Nagar to buy some food, the police apprehended her.
The victim was produced before CWC and has been sent to Rajkiya Bal Grih Balika Sidhi Kheda on an order passed by the CWC.
Learned A.G.A. has submitted on the basis of such instructions, which is kept on record that the police has promptly recovered the victim and has also followed the provisions of law. However, if the petitioner still has a grievance, he may approach the court concerned in view of the law as laid down by the Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others, reported in (2008) 2.
We have also 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 :- 15.9.2023
Anuj Singh
