Writ petition in Cr.Misc.W.P. 7030 of 2022 seeking FIR registration and non-harassment relief under Art. 226. AGA raised preliminary objection regarding CPC mechanism. Court found substance in objection but ultimately dismissed petition as not pressed by counsel.
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Court No. - 74 Case :- CRIMINAL MISC. WRIT PETITION No. - 7030 of 2022
Petitioner :- Babulal Sonkar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- S. A. Khan Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri S.A. Khan, learned counsel for the petitioner and learned A.G.A. for the State-Respondents.
Present Writ Petition under Article 226 of Constitution of India has been preferred by the petitioner for the following relief:-
"(i) issue a writ, order or direction in the nature of Mandamus, directing the respondents to lodge the First Information Report in pursuance of order dated 6.4.2022 passed by the Court of First Additional Chief Judicial Magistrate, Mirzapur, under Section 156(3), Cr.P.C., Police Station- Kotwali Dehat, District Mirzapur.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to harass the petitioner."
At the very outset, learned A.G.A. has raised preliminary objection regarding the maintainability of the writ petition on the ground that for the reliefs claimed in the writ petition full fledged mechanism is provided under the Criminal Procedure Code and as such no interference is required in the matter.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned AGA and as such we are not inclined to entertain the writ petition.
Confronted with the situation, learned counsel for the petitioner submits that he does not intend to press the present writ petition.
Consequently, the writ petition is dismissed as not pressed. However, it is always open to the petitioner to approach the competent authority/court for redressal of his grievance.
Order Date :- 9.6.2022 T. Sinha
Digitally signed by TRIPTI SINHA Date: 2022.06.10 15:15:20 IST Reason: Location: High Court of Judicature at Allahabad
Babulal Sonkar
State Of U.P.
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
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