The Court held that allegations of police excesses should be examined via a Section 156(3) Cr.P.C. application before the magistrate. Since the petitioner obtained protection in a pending petition, this writ is not the appropriate remedy and is consigned to records.
Writ petition consigned to records.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3377 of 2022
Petitioner :- Mahendra Kumar Singh And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anita Yadav Counsel for Respondent :- G.A
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Allegations made in the writ petition that various offences and excesses are being committed by the police personnels can always be got examined upon an application filed under Section 156 (3) Cr.P.C. before the concerned magistrate. This Court is not required to entertain such grievance at the outset. Even otherwise, it appears that a first information report has been lodged against the petitioners which is challenged in the pending writ petition, wherein, petitioner has also been granted appropriate protection.
In the event grievance is in respect of any consequential action pursuant to the said first information report, the remedy of the petitioner would be to seek appropriate protection in the pending writ petition and filing of the present writ petition is not the appropriate remedy.
Writ petition accordingly is consigned to records.
Order Date :- 1.4.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.04.04 14:33:10 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether this Court should entertain allegations of police excesses in the pending writ petition instead of via Section 156(3) Cr.P.C.
Whether the present writ petition is the appropriate remedy for grievances arising from a First Information Report.
Whether the petitioner needs appropriate protection in the pending writ petition.
Mahendra Kumar Singh And 2 Others
State Of U.P. And 4 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
