Petitioner approached this Court for a direction to register an FIR regarding the untraceability of his daughter. The learned Advocate General opposed the prayer stating the petition was not maintainable, leading the Court to decline interference.
Petition dismissed with liberty to avail of other legal remedies.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20587 of 2018
Petitioner :- Lal Chandra Respondent :- State Of U P And 10 Others Counsel for Petitioner :- Santosh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to take necessary, prompt, legal action on the complaint/report dated 19.06.2018 submitted by the petitioner before respondent no.2.
Learned counsel for the petitioner states that petitioner has submitted a complaint/report for untraceability of his daughter but the same was not converted into FIR, hence, he has come up before this Court for a direction to register an FIR.
Learned AGA opposed the prayer and submits that the present petition is not maintainable.
In view of the same, we are not inclined to interfere in the matter.
The petition in not maintainable and the same is dismissed with liberty to the petitioner to avail legal remedy available in law.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2018 Madhurima
2 issues framed by the court
Whether the present writ petition challenging the non-conversion of a complaint into an FIR is maintainable.
Whether this Court should issue a direction to the respondent to register an FIR based on the untraceability of the petitioner's daughter.
Lal Chandra
State Of U P
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
