Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12390 of 2021 Petitioner :- Amlesh Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Tewari,Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned AGA.
In pith and substance, petitioner is before this Court with a prayer to issue a mandamus for lodging a F.I.R. against the respondent no. 4.
Learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that in case the petitioner has any grievance, she has efficacious alternative remedy to move an application under Section 156(3) Cr.P.C. before the competent authority for redressal of her grievance and as such, no interference is required and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.
Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.
Consequently, the writ petition stands dismissed on the ground of statutory alternative remedy.
Order Date :- 21.12.2021 A.K.Srivastava