Kishori Lal Vs State of U.P. and 3 Others

Court No. - 51

Case :- CRIMINAL MISC. WRIT PETITION No. - 14432 of 2019

Petitioner :- Kishori Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the petitioner and Sri Mithlesh Kumar, learned A.G.A. for the State.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive measures against the petitioner in pursuance of the FIR dated 6.10.2017 in Case Crime No. 345 of 2017 under section 363 IPC, Police Station Rakabganj, District Agra.

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The contention of learned counsel for the petitioner is that the petitioner is neither named in the FIR nor named in the statement of victim recorded under section 164 Cr.P.C. The Investigating Officer has not filed chargesheet against the petitioner. During trial the name of the petitioner was taken by the complainant in his application under section 319 Cr.P.C. It is also submitted that the petitioner is a senior citizen.

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Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the petitioner in case he is having any grievance with regard to the harassment in pursuance of the impugned FIR he may file an application before the Senior Superintendent of Police, Agra within a period of three weeks from today, the SSP shall look into the matter within a period of two months. Till date no coercive action shall be taken against the petitioner in pursuance of the impugned FIR. However, in case the petitioner is wanted in some other case this order will not be effective.

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With the above observation, the writ petition is disposed of. Order Date :- 27.5.2019 Puspendra

Kishori Lal v. State of U.P. and 3 Others

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Kishori Lal v. State of U.P. and 3 Others

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