Criminal miscellaneous writ petition challenging lack of FIR filing was dismissed as not maintainable. Court held approach to executive instead of Magistrate was improper, with no substantive adjudication on merits.
Writ petition dismissed for lack of maintainability.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21131 of 2019
Petitioner :- Rakshpal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Singh,Ranjeet Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Learned counsel for the petitioner does not dispute that till date he has not filed any application before the Magistrate concerned for registration of an FIR, rather to the executive / political functionaries.
The writ petition is dismissed as not maintainable.
Order Date :- 11.9.2019 Chandra
2 issues framed by the court
Whether a Writ Petition challenging non-filing of FIR by executive is maintainable.
Legality of petitioner approaching executive instead of Magistrate.
Rakshpal Singh
State Of U.P.
Pankaj Naqvi
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
