The High Court dismissed a writ petition seeking mandamus for police action, protection, and decision on a representation. The court held that the petitioner has an efficacious remedy under Section 156(3) Cr.P.C. before the subordinate court and thus disposed of the matter without adjudication.
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Neutral Citation No. - 2023:AHC:199772-DB
Court No. - 40
Case :- WRIT - C No. - 29440 of 2023
Petitioner :- Rakhi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Mansa Singh,Ulajhan Singh Bind Counsel for Respondent :- CSC
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner, Mr. R.P. Pandey, learned Additional Chief Standing Counsel for the Staterespondents and perused the record.
2. By means of the instant petition, petitioner has prayed for following principal reliefs:-
"(i) Issue the writ, order or direction in the nature of mandamus commanding and directing the respondents police authority to take necessary legal action against the respondent no.4 to 9.
(ii) Issue the writ, order or direction in the nature of mandamus commanding and directing the respondents police authority to provide the police protection to the petitioner from the respondent no.4 to 9.
(iii) Issue the writ, order or direction in the nature of mandamus commanding and directing the respondent nos.2 and 3 to decide the representation dated 16.08.2023 of the petitioner within a specific/within a fixed period."
3. At the very outset, learned Additional Chief Standing Counsel for the State-respondents raised a preliminary objection regarding the maintainability of the instant petition on the ground that the petitioner has got efficacious remedy to move an application under Section 156(3) Cr.P.C. before the Court below for redressal of her grievance.
4. When confronted with above, the learned counsel for the petitioner could not overcome the same.
5. Considering the facts and circumstances of the case, we are not inclined to adjudicate the matter. Needless to say, it is open to the petitioner to move an application under Section 156(3) Cr.P.C. before the Court below for redressal of her grievance.
6. With the aforesaid observations, the instant petition stands disposed of .
Order Date :- 16.10.2023 Sachin
Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad
Rakhi
State Of U.P.
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
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