Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 25774 of 2019 Petitioner :- Aditya Kaushik Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- In Person Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Aditya Kaushik, Advocate in-person and the learned A.G.A.
This writ petition has been filed by the petitioner claiming the following reliefs: -
"(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the authority concerned to issue notice in the event of any arrest under Section 498-A IPC and allied sections.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding / directing the concerned authority to provide the notice under Section 160 Cr.P.C, and will given fair chance in respect to the investigation before the concerned Investigation agency.
(iii) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case;
(iv) Award the cost of petition in favour of petitioner."
The petition is filed on mere apprehension of arrest under Section 498-A IPC.
Learned A.G.A, rightly submits that remedy for the petitioner is to avail the forum under section 438 CrPC.
The writ petition is dismissed on the ground of availability of alternate remedy.
Order Date :- 17.12.2019 N.S.Rathour