The High Court dismissed the writ petition, holding that where a private complaint involves alleged criminal acts, the appropriate remedy lies under Section 156(3) Cr.P.C. for investigating magistrate intervention.
Petition consigned to records; petitioner advised to pursue remedy under Section 156(3) Cr.P.C.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2689 of 2022
Petitioner :- Sandhya Shahi Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Mithilesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
This writ petition has been filed with the prayer to direct the 2nd respondent to decide the petitioner's representation. The representation apparently is in respect to alleged acts of crime committed by the private respondents. It is contended that though such facts have been placed before the concerned authority but no action has been taken in the matter.
In that view of the matter the remedy of the petitioner is to invoke the jurisdiction under Section 156(3) Cr.P.C . Prayer made to decide the representation in the facts of the case is, therefore, not liable to be entertained.
Leaving it open to the petitioner to pursue his remedy under the Code of Criminal Procedure this petition is consigned to records.
Order Date :- 15.3.2022 Banswar
Digitally signed by RAM NARESH BANSWAR Date: 2022.03.16 10:44:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition praying for a direction to decide a private complaint representation, when the remedy under Section 156(3) Cr.P.C. is available, is maintainable.
1 provisions across 1 enactments
Sandhya Shahi
State Of U P
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
