Petitioner sought writ against private respondents for threatening him and false implication despite interim bail. Court observed petitioner could lodge FIR himself if offence committed.
Relief sought petitioned was dismissed by not permitting issue of writ commanding action against private respondents.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5809 of 2021
Petitioner :- Ayodhya Prasad Chaurasia Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Pandey Balkrishna Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,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 commanding and directing the Respondent Nos. 2 & 3 to take appropriate legal action against the private respondent Nos. 4 & 5 to not to threaten the petitioner or his family members who are misusing their liberty of interim bail granted in connection of the First Information Report dated 24.04.2021, registered as Case Crime No. 0209 of 2021, under Sections 354 (ga), 506 of I.P.C. and Section 67a of Information Technology Act - 2008, Police Station Mauaima, District Prayagraj.
(ii) Issue a writ, order or direction, in the nature of mandamus directing the respondent nos. 6 to 9 who belongs to Schedule Caste to not to implicate the petitioner and his family members in a false case/false cases in pursuance of respondent Nos. 6 to 9 under the influence of respondent No. 4 & 5."
In our view, if the petitioner feels that any offence is being committed by the respondent nos. 4 & 5, then it is open for him to lodge a first information report and if the petitioner feels that liberty of interim bail granted to the respondent nos. 4 & 5 is being misused, then also it is open for him to lodge a first information report or to take such action as may be permissible under the law.
In view of the aforesaid, we do not find any good reason to grant the relief as prayed by the petitioner. Therefore, without expressing any opinion on the merits of the case of the petitioner, the writ petition is dismissed.
Supplementary affidavit, filed today, is taken on record.
Order Date :- 2.8.2021 Amit Mishra
1 issue framed by the court
Whether the Court should issue a writ commanding action against private respondents for threatening the petitioner or false implicating them.
Ayodhya Prasad Chaurasia
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
