Court No. - 32
Case :- WRIT - C No. - 24765 of 2019 Petitioner :- Lal Bahadur Gupta Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Sudhakar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia, for the following reliefs:
"(a) Issue a writ, order or direction in the nature of mandamus directing to concerned Police Officer to registered first information report in pursuance of complaint made by petitioner against respondent No. 5 to 14 in the light of law lay down by Apex Court in the case of Lalita Kumari Vs. State of U.P. and others reported in Writ Petition (criminal) No. 68 of 2008.
(b) Issue a writ, order or direction in the nature of mandamus directing to the concerned district level authorities to protect the life and properties of petitioner in pursuance of judgment dated 01.08.2012 passed in Writ Petition No. 34783 of 2012 (Brij Kishore Rai Vs. State of U.P. and others) and judgment dated 15.01.2013 passed in Writ Petition No. 68582 of 2012 (Kamlesh Chandra Gupta Vs. State of U.P. and others)."
Learned counsel for the petitioner submitted that with regard to the theft committed by the respondent nos. 5 to 14, the first information report of the petitioner is not being lodged by the police of the police station concerned.
Heard learned counsel for the parties and perused the records.
Considering the facts and circumstances of the case, we are of the opinion that the petitioner has the remedy under Section 156(3) Cr.P.C. to file an application before the concerned Magistrate for a direction to the police authority concerned to lodge the first information report. Writ is not the proper remedy.
Accordingly, we direct that in case the petitioner files an application under Section 156(3) Cr.P.C. along with certified copy of this order and copy of the application dated 07.06.2019 (Annexure-3 to the writ petition) before the concerned Magistrate, the same shall be considered and decided by the concerned Magistrate in accordance with law within a period of 30 days from the date of submission of the application, as aforesaid.
With the above observation/direction, the present writ petition is finally disposed of.
Order Date :- 30.7.2019 Pkb/