Kanaiya Singh v. State of Up and 3 Others
Case brief
What is this about?
Writ petition dismissed by Allahabad High Court (WRIT - C No. 33820 of 2024, order dated 4.2.2025, Ashwani Kumar Mishra and Donadi Ramesh, JJ.). Petitioner alleged unauthorized/forged job-card and release of payment without work, sought direction for on-the-spot inquiry and punishment of persons involved. Administrative inquiry had found allegations incorrect; amount payable already credited to petitioner's family member's account. Held: remedy for alleged offence is police report or Magistrate under Section 175(3) B.N.S.S.; writ petition does not lie for factual ascertainment of disputed illegality where petitioner is himself a beneficiary. Keywords: alternative remedy, maintainability of writ, job-card forgery, administrative inquiry, Section 175(3) BNSS.
What did the court decide?
Where the petitioner alleges that an offence has been committed, the remedy is to lodge a police report or to approach the Magistrate under Section 175(3) B.N.S.S., not a writ petition.