W.P. challenging writ for enquiry against police for lodging frivolous cases. Bench dismissed petition, holding blanket relief unenforceable and criminal investigations require statutory remedy.
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Court No. - 3 Case :- WRIT - C No. - 10904 of 2023 Petitioner :- Rameshwar Singh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Tripathi,Syed Imran Ibrahim Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.
Heard Sri Manish Tiwari, learned Senior Advocate, assisted by Sri Gaurav Tripathi and Sri Syed Imran Ibrahim, learned counsel for the petitioner and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State - respondents.
This writ petition has been filed praying for the following reliefs :
"Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to conduct an enquiry against the Senior superintendent of police Etah and his subordinate police officers and punish them for abusing the process of court and the procedure established by law by lodging frivolous criminal cases against the petitioner.
Issue a writ, order or direction in the nature of mandamus directing the respondents not to lodge. any further frivolous against the petitioner and his family members and to follow the law laid down in Lalita Kumari versus Govt. of Uttar Pradesh (2014) 2 SCC 1 before lodging any criminal against the petitioner or on his family members."
Learned counsel for the petitioner submits as under :
(i) Action against the petitioner is being taken in very old Criminal Cases, in the name of invoking powerS under Section 173 Cr.P.C. which is fully unjustified and requires an inquiry to be conducted against the Senior Superintendent of Police, Etah and his subordinate Police Officers.
(ii) The petitioner has been falsely implicated in a criminal case merely on the basis of statement of one Hemraj dated 07.07.2022 in Crime No.54/2022 P.S. Jasrathpur, Etah, statement of Chob Singh in Crime No.68/2022 P.S. Jasarathpur and statement of Gitam Singh, dated 09.09.2022 in Crime No.103/2022 P.S. Malva, District Etah.
Learned Additional Chief Standing Counsel submits that the relief being sought by the petitioner are blanket relief and if the relief No.(b) is granted it would amount to giving a licence to the petitioner for commission of offences. He submits that if the petitioner is aggrieved with any action against him under criminal law then he has a remedy under the criminal law. A civil misc. writ petition for the relief sought is not maintainable. He further submits that the offences registered against the petitioner are subject matter of investigation and further proceedings under the criminal law. Therefore, no interference can be made in Civil Misc. Writ Petition under Article 226 of the Constitution of India.
We have carefully considered the submissions of learned counsel for the parties and perused the record of the writ petition and we agree with the aforenoted submissions of the learned Additional Chief Standing Counsel. Consequently, the writ petition is dismissed.
Order Date :- 3.5.2023/vkg
Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ court can grant blanket relief against lodging criminal cases.
Colour shows how this judgement treated each authority
Rameshwar Singh Yadav
State Of U.P.
Surya Prakash Kesarwani
Anish Kumar Gupta
As recorded by the court registry
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