Petitioner sought mandamus for investigation and arrest under Sections 306, 506 IPC. Court observed petition was unduly hasty as filed before 10-day expiry. Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5953 of 2023
Petitioner :- Rohit Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kaushlendra Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.
Heard Sri Kaushlndra Singh, learned counsel for the petitioner, Sri G.P. Singh, learned AGA for the State respondent and perused the records.
By means of the present writ petition, the petitioner is seeking a direction in the nature of mandamus commanding the respondents to investigate the matter giving rise to first information report dated 30.03.2023, registered in case crime no.0183 of 2023, under Sections 306, 506 IPC, P.S. Kotwali Deoband, District Saharanpur and arrest the respondent no.4 to 7 forthwith.
Learned counsel for the petitioner has prayed for issuance of suitable direction for fair and impartial investigation.
From perusal of the record, we find that the first information report in the present case was lodged on 30.03.2023 and the present petition was filed on 10.04.2023 even before expiry of 10 days and therefore, we are of the opinion that the petitioner shown undue haste in filing the present petition.
Present petition is accordingly dismissed at this stage.
However, the petitioner is at liberty to avail the remedy as may be available to him in accordance with law.
Order Date :- 1.5.2023
Nitendra
Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should issue a mandamus order for investigating an FIR and arresting respondents when the petition was filed within 10 days of the FIR registration.
1 provisions across 1 enactments
Rohit
State Of U.P.
Vivek Kumar Birla
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
