A discretionary summary dismissal order where the court disposed of a writ petition for registration of an FIR and medical aid by accepting an objection regarding the availability of an efficacious statutory alternative remedy.
None. Writ petition dismissed on ground of statutory alternative remedy.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 13740 of 2020
Petitioner :- Smt. Shushila Ram Bhawan Diwakar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shailesh Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to comply with the direction of respondent no. 2 dated 27.7.2020 and register the F.I.R. against the accused persons.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to provide the proper medical aid to injured/petitioner forthwith."
Learned AGA raised an objection that the petitioner has got efficacious alternative remedy under Section 156(3) Cr.P.C. and as such the present writ petition is liable to be dismissed on the ground of statutory alternative remedy.
Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum.
Consequently, the writ petition is dismissed on the ground of statutory alternative remedy.
Order Date :- 6.12.2021 A.K.Srivastava
Digitally signed by JUSTICE Digitally signed by SUBHASH MAHESH CHANDRA TRIPATHI VIDYARTHI Date: 2021.12.09 14:52:09 IST Date: 2021.12.09 14:53:06 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the writ petition should be examined or dismissed on the ground of statutory alternative remedy.
Smt. Shushila Ram Bhawan Diwakar
State Of U.P.
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
