Petitioner applied for writ jurisdiction directing fair investigation of a criminal complaint. Respondents raised a preliminary objection regarding maintainability based on a prior similar petition. Petitioner withdrew pressure, leading to dismissal.
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Court No. - 74
Case :- CRIMINAL MISC. WRIT PETITION No. - 7052 of 2022
Petitioner :- Roshan Lal Kushwaha Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Satya Sinha,Lallu Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Mrs. Satya Sinha, 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 commanding and directing respondent no. 1 to 3 to conclude the fair investigation of Complaint Case No. 601 of 2019 (Roshan Lal Kushwaha Vs. Ram Khelawan and others) under Section 323, 363, 120B, 420, 504, 506, IPC, Police Station Kalyanpur, District Kanpur Nagar in compliance of the order dated 13.11.2019 passed by Chief Mahanagar Magistrate, Kanpur Nagar or investigation may be directed to be conducted by any independent agency."
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 similar cause of action the petitioner has already approached this Court by preferring Writ Petition under Article 227 No. 3031 of 2022, Roshan Lal Kushwaha Vs. State of U.P. and others in which this Court vide order dated 27.4.2022 had disposed of the writ petition with a direction to the court below to conclude/decide the trial of the Complaint Case No. 601 of 2019 (Roshan Lal Kushwaha Vs. Ram Khelawan and others) under Sections 323, 363, 120-B, 420, 504, 506, IPC within six months. As such, it is sought to be contended that the petitioner for the same cause of action has again approached this Court under Article 226 of the Constitution of India and as such the present writ petition is liable to be dismissed with heavy cost.
Confronted with the situation, learned counsel for the petitioner fairly states that she does not want to press the present writ petition.
In view of above, the writ petition is dismissed as not pressed.
Order Date :- 9.6.2022 T. Sinha
Digitally signed by TRIPTI SINHA Date: 2022.06.10 15:16:33 IST Reason: Location: High Court of Judicature at Allahabad
1 provisions across 1 enactments
Roshan Lal Kushwaha
State Of U.P.
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
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