Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9827 of 2021 Petitioner :- Acharya Ramanand Shukla And 3 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Dinesh Chandra Mishra Counsel for Respondent :- G.A
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and Shri Arunendra Kumar Singh, learned AGA.
Present writ petition has been preferred for following reliefs:-
"(i) Issue a writ, order or direction in the nature of writ of mandamus directing the state respondents to lodge any First Information Report against any complaint against petitioners after the fair enquiry of a First Class Police Officer not below the Rank of C.O.
(ii) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent no.3 to initiate the proceeding of U/S 182 and 211 I.P.C. and file the Complaint before the court of competent jurisdiction against the First Information Report dated 03.07.19 registered as Case Crime No.0521/2019 U/S 386, 323, 504 & 506 IPC P.S. Colonelganj Tehsil Sadar District Prayagraj, against respondent no.8, for further proceeding in accordance with law in view of filing of final report on 03.03.21 which has been accepted by the court.
(iii) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent no.5 to initiate the proceeding of U/S 182 and 211 IPC and file the complaint before the court of competent jurisdiction against the First Information Report dated 19.07.19 registered as Case Crime No.0306/2019 U/S 307, 323, 341, 504, 506 & 427 IPC P.S. Cant Tehsil Sadar District Prayagraj against respondent no.9 for further proceeding in accordance with law in view of filing of final report on 27.09.19 which has been accepted by the court.
(iv) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent no.3 to initiate the proceeding of U/S 182 and 211 IPC and file the Complaint before the court of competent jurisdiction against the First Information Report dated 21.07.19 registered as Case Crime No.0560/2019 U/S 420, 504 & 506 IPC P.S. Colonelganj Tehsil Sadar, District Prayagraj against respondent no.8 for further proceeding in accordance with law view of filing of final report on 28.02.21 which has been accepted by the court.
(v) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent no.4 to initiate the proceeding of U/S 182 and 211 IPC and file the complaint before the court of competent jurisdiction against the First Information Report dated 04.06.20 registered as Case Crime No.0208/2020 U/S 506, 504, 338, 337 & 279 IPC P.S. Civil Lines Tehsil Sadar District Prayagraj against respondent no.8 for further proceeding in accordance with law after filing the final report on 05.06.20.
(vi) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent 6 to initiate the proceeding of U/S 182 and 211 IPC and file the complaint before the court of competent jurisdiction against the complaint dated 30.10.20 P.S. Lalapur Tehsil Bara District Prayagraj against respondent no.10 for further proceeding in accordance with law after the final enquiry on 23.11.20.
(vii) Issue a writ, order or direction in the nature of writ of mandamus directing the respondent no.7 to initiate the proceeding of U/S 182 and 211 IPC and file the complaint before the court of competent jurisdiction against the First Information Report dated 22.03.21 registered as Case Crime No.0083/2021 U/S 376D, 323, 506 & 328 IPC P.S. Pipari Tehsil Chayal, District Prayagraj against respondent no.11 for further proceeding in accordance with law after filing the final report on 22.05.21."
On the matter being taken up today, learned AGA raised preliminary objection regarding the maintainability of the writ petition on the ground that the relief as has been asked for by way of present writ petition cannot be extended under Art.226 of the Constitution of India.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned AGA.
Once the Court has proceeded to indicate its mind in negative, learned counsel for the petitioners states that he is not inclined to press the writ petition.
In view of above, the writ petition is dismissed as not pressed. Needless to say, it is always open to the petitioner to avail the remedy as available in law.
Order Date :- 20.12.2021 SP/