Prakash Chandra Upreti vs State Of U.P. Thru. Secy. Deptt. Of ...
2023 Latest Caselaw 26603 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62695-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7469 of 2023
 

 
Petitioner :- Prakash Chandra Upreti
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 6 Others
 
Counsel for Petitioner :- Brijesh Singh Vishen,Amrita Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

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

2. This writ petition has been filed by the petitioner praying the following main relief:

"i. Issue a writ, order or direction in the nature of Mandamus by issuing directions to the opposite party No. 2 and 3 to make proper, fair, impartial and effective investigation in stipulated time in F.I.R. No. 449/2021 Under Section 419, 420, 406, 467, 468, 471, 147, 504, 506, 120(B) IPC, Police Staion- Gomtinagar Vistar, District Lucknow on dated 14.12.2021 in the light of documentary evidence and also provide the security to the petitioner and his family is being annexed as Annexure NO. -1 to this writ petition."

3. 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.

4. 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.

5. 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 :- 27.9.2023

AKK