Court No. - 34
Case :- WRIT - C No. - 31678 of 2019 Petitioner :- Dr. Manoj Kumar Pandey Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Birendra Prasad Maurya Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for the parties and perused the record.
2. Petitioner has filed present writ petition for mandamus commanding respondent no.2 Senior Superintendent of Police, Varansi to decide application dated 03.09.2019 submitted by petitioner before him.
2. Perusal of application shows that petitioner is aggrieved by action of respondent nos. 4 to 8. Respondent No. 4 to 7 are his brothers -in-law whereas respondent no.8 is wife of petitioner. The grievance of petitioner is that he is being beaten and abused repeatedly by respondents 4 to 8. Consequently, petitioner has prayed before respondent no.3 for a direction to Station House Officer, Police Station Lanka to register an F.I.R. and investigate the same and further to ensure the safety and security of petitioner and his family and also for protection of his property.
3. On the facts as noted above, remedy of the petitioner lies in lodging an F.I.R. against respondent nos. 4 to 8 and in case Police of concerned Police Station refused to register an F.I.R. then petitioner has remedy of filing an application under Section 156 (3) Cr.P.C. or to file a complaint in terms of Section 190 Cr.P.C. before concerned Magistrate. As regards grant of security for protection of life and property of petitioner and his family, he has remedy to approach District Level Security Committee.
3. Thus, present writ petition is misconceived and is accordingly dismissed.
Order Date :- 27.9.2019 YK