High Court dismissed a writ petition filed by Smt. Shiv Devi seeking directions to police to register an FIR. The court held the petition was non-maintainable as the alternative remedy under Section 156(3) Cr.P.C. was available.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5157 of 2021
Petitioner :- Smt. Shiv Devi Respondent :- State of U.P. and Others Counsel for Petitioner :- Gulab Chandra
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Gulab Chandra, learned counsel for the petitioner and Sri Patanjali Mishra, learned A.G.A for State-respondents.
This writ petition has been filed praying for the following reliefs:
"i. Issue a writ order or direction in the nature of writ of mandamus commanding the respondent police officers to lodge the F.I.R. of petitioner dated 24.2.2021 (Annexure No. 8) under appropriate penal sections and to proceed with fair investigation of the case and to supply free of cost copy of F.I.R. to the petitioner within reasonable time fixed by this Hon'ble Court and to allow the writ petition with cost.
ii. Issue any other suitable, order or direction which this Hon'ble Court may deem fit directing to the respondent police authorities for taking necessary action against the guilty persons to secure the ends of justice"
Learned A.G.A. has raised preliminary objection about maintainability of the writ petition on the ground that in the event the petitioner's F.IR. was not registered then the petitioner has right to invoke the provisions of Section 156 (3) Cr. P.C. before the concerned Judicial Magistrate.
Learned counsel for the petitioner does not dispute the aforesaid provisions of law.
In view of above, the writ petition is dismissed leaving it open to the petitioner to avail the remedy as available to her under the law.
Order Date :- 19.7.2021 Rahul Dwivedi/-
Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.07.20 14:08:34 IST Date: 2021.07.20 14:09:26 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 is maintainable given the availability of Section 156(3) Cr.P.C. as an alternative remedy.
Smt. Shiv Devi
State of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
