Court dismissed petition seeking production of criminal case record not available with police, directing petitioner to approach competent court to summon records needed for Family Court case.
Court directed petitioner to approach the competent court to summon the record instead of seeking writ relief.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8334 of 2021
Petitioner :- Bharat Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akash Khare Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
This is a wholly misconceived petition seeking for production of the record of case crime no. 1 of 2000 under sections 363/366 I.P.C., police station Badauni District Datia (Madhya Pradesh) which was later transferred to the police station Kotwali Muzaffar Nagar for the use of the same in the Family Court in case no. 1415 of 2016 under Section 12 of Hindu Marriage Act.
The contention of the learned counsel for the petitioner is that an application has been moved by the petitioner in the pending proceeding before the Family Court concerned to summon the record of case crime no. 1/2000 (the details for which has been given above) but the said record is not available in the office of the police station concerned.
Submission is that the record of the aforesaid criminal case is needed for the just decision of the case pending before the Family Court.
Considering the above, we find that the appropriate remedy for the petitioner is to approach the competent Court to deal with the issue in accordance with law, inasmuch as, every court is competent to summon the record of the office / police station, if in its opinion the said record is required for just decision of the case.
The writ petition is accordingly, dismissed.
Order Date :- 1.10.2021 Gss
Bharat Jain
State Of U.P.
3 Others
Sunita Agarwal
Sadhna Rani (Thakur)
As recorded by the court registry
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