Bindeshwar Yadav vs The State Of Jharkhand And Ors
2023 Latest Caselaw 1162 Jhar

             IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P. (Cr.) No. 632 of 2022

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      Bindeshwar Yadav                                   .... Petitioner
                               --   Versus          --
      The State of Jharkhand and Ors.                    .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Shashikant Ojha, Advocate For the State :- Ms. Amrita Banerjee, Advocate

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2/16.03.2023 This petition has been filed for lodging the FIR against the

private respondent nos.8 to 11.

A counter affidavit has been filed on behalf of the

respondent State wherein Annexure-B has been annexed which suggest

that the informant who is the petitioner himself has informed with regard

to commission of suicide by his daughter which was supported by the

nearby villagers. This is a disputed question of fact which cannot be

taken under Article 226 of the Constitution of India and the petitioner is

having alternative remedy. It is well settled that in view of the judgment

of Hon'ble Supreme Court in the case of Sakiri Vasu v. State of U.P.

reported in (2008) 2 SCC 409, the alternative remedy is there and the

writ petition is not required to be entertained.

In view of the disputed question of fact and as laid down by

the several judgments of High Court as well as Hon'ble Supreme Court,

no relief can be extended to the petitioner as the petitioner is having

alternative remedy.

Accordingly, this petition is disposed of with a direction to

the petitioner to avail alternative remedy.

( Sanjay Kumar Dwivedi, J.)

SI/