Mohd. Azam Ali vs State Of U.P. Thru. Secy. Deptt. Of Home ...
2024 Latest Caselaw 16801 ALL

Allahabad High Court

Mohd. Azam Ali vs State Of U.P. Thru. Secy. Deptt. Of Home ... on 13 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36525-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3327 of 2024
 

 
Petitioner :- Mohd. Azam Ali
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others
 
Counsel for Petitioner :- Mohammad Irfan Siddiqui,Devesh Deo Bhatt,Vivek Sagar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

1. Heard learned counsel for the petitioner and learned A.G.A. for the State/opposite parties.

2. The petitioner seeks issuance of a writ, order or direction in the nature of Mandamus, commanding the opposite party no.1 to take appropriate action to fix accountability of the officer with respect to non-compliance of the guidelines issued by the Supreme Court in the case of Lalita Kumari vs. Government of U.P. and others as well as the circular no.15011/91/2013-SC/ST-W dated 6.2.2014 as contained in Annexure No.1 to the writ petition.

3. The petitioner is aggrieved by non-lodging of the FIR at his behest.

4. It is provided that if the FIR is not being lodged, petitioner may approach the jurisdictional Magistrate concerned under Section 156(3) Cr.P.C. If the petitioner wants action against erring officials, he may approach the Commissioner of Police, Lucknow, who may get the facts verified and do the needful in the light of the judgment of the Supreme Court rendered in the case of Lalita Kumari vs. State of U.P. and others; (2014) 2 SCC 1.

5. It is, however, made clear that we have not expressed any opinion on the merits of the allegations made by the petitioner.

6. We also make it clear that if the authorities ultimately proceed to register the FIR themselves on the application of the petitioner, then, this order shall not come in the way.

7. With the aforesaid observations, the petition is disposed of.

.

(Narendra Kumar Johari, J.) (Vivek Chaudhary,J.)

Order Date :- 13.5.2024

AKK