Writ petition seeking mandamus against private party disposed of without merits; court directed petitioner to lodge FIR or move Magistrate under Section 156(3) CrPC and reserved decision for concerned authority.
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Court No. - 32
Case :- WRIT - C No. - 17458 of 2020
Petitioner :- Nasreen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Mohan Pandey Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today is taken on record.
This writ petition, inter alia, has been filed for the following relief;
"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to act upon on the application/complaint moved by the petitioner against private respondent and his associates and further inquire the matter by superior authority/committee in accordance with law forthwith or within stipulated period as fixed by this Hon'ble Court."
Heard learned counsel for the parties and perused the record.
In substance, the petitioner is seeking relief against the private party-Respondent No. 4. Some allegations have been made against the private party-respondent No. 4. If the petitioner is aggrieved by illegal acts being committed by a private party, she may lodge an FIR against him. In case, her FIR is not being registered, she can file an application under Section 156 (3) CrPC ventilating her grievances before the concerned Magistrate in accordance with law. In case any such application is filed, the same shall be
disposed of by the concerned Magistrate expeditiously in accordance with law.
With this observation, this writ petition stands finally disposed of.
We make it clear that we have not entered into the merits of the case and it shall be decided by the authority concerned on its own merits.
Order Date :- 2.11.2020 vinay
Nasreen
State Of U.P.
Shashi Kant Gupta
Pankaj Bhatia
As recorded by the court registry
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