Rajesh Kumar Shukla v. State of U.P. and 7 Others
Case brief
What is this about?
Case :- MATTERS UNDER ARTICLE 227 No. - 7654…
What the court decided
Court No. - 46
Case :- MATTERS UNDER ARTICLE 227 No. - 7654 of 2018
Petitioner :- Rajesh Kumar Shukla Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Santosh Mani Shukla Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner and the learned AGA.
By means of the present petition, the petitioner has invoked extraordinary jurisdiction of this Court under Article 227 of the Constitution of India with a prayer to issue ad-interim mandamus directing the Additional Chief Judicial Magistrate Allahabad to pass an order for registering the first information report and also directing the police authority concerned to investigate the matter.
It is submitted by the learned counsel for the petitioner has filed an application under section 156 (3) Cr.P.C. which was rejected by the learned Magistrate vide order dated 18.5.2017. The petitioner assailed the order dated 18.5.2017 by way of revision which too was dismissed vide order dated 19.7.2018 by the learned Additonal Sessions Judge Court No.16, Allahabad. The petitioner has further sought relief for issuance of ad-interim mandamus directing the Additional Chief Judicial Magistrate Allahabad to pass an order for registering the first information report and also directing the police authority concerned to investigate the matter on the application under section 156 (3) Cr.P.C. moved by the petitioner.
Issues for consideration
1 issue framed by the court
Whether the petition invoking jurisdiction under Article 227 should be dismissed on the ground of alternative remedy available under Section 156(3) Cr.P.C. and subsequent revisions.
Parties & counsel
- petitioner
Rajesh Kumar Shukla
- respondent
State Of U.P.
Coram
Naheed Ara Moonis
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- A227/7654/2018
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