Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12182 of 2021 Petitioner :- Harish Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Srivastava Counsel for Respondent :- G.A
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri Sanjai Srivastava, learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A for the State respondents.
The petitioner is before this Court with request to issue direction to the third respondent/Superintendent of Police, District Jalaun to decide his application dated 02.6.2021 for registration of first information report within some stipulated time.
In support of his submission, learned counsel for the petitioner has placed reliance on the Full Bench judgement of Apex Court in Lalita Kumari Vs. Government of Uttar Pradesh and others, 2014(84) ACC, 719.
Learned A.G.A. has raised a preliminary objection regarding maintainability of the present writ petition. It is submitted that in case the petitioner is aggrieved for non- lodging of the FIR, appropriate remedy is to invoke the provisions under Section 156 (3) Cr.P.C. and as such, the writ petition is liable to be dismissed on the ground of alternative remedy.
Once efficacious alternative remedy is available to the petitioner then there is no reason or occasion to bypass the statutory remedy.
In the facts and circumstances, the writ petition is disposed of with observation that in case the petitioner invokes the appropriate remedy under Section 156 (3) Cr.P.C. then definitely the concerned Magistrate would proceed in the matter strictly in accordance with law.
Order Date :- 16.12.2021 RKP