Court No. - 37
Case :- WRIT - C No. - 16467 of 2021 Petitioner :- Manoj Kumar Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Suresh Chandra Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner and learned Chief Standing Counsel for the State-respondents.
This petition has been filed by the petitioner with the following prayer:
"(i) Issue a writ order or direction in the nature of Mandamus Commanding/ Directing to lodge the criminal case against the Station House Officer Kuldeep Dubey and their associates and direct the investigate the matter through independent agency and after complete the enquiry same may be punished accordance with law.
(ii) Issue a writ order or direction in the nature of Mandamus Commanding/ Directing after complete the enquiry same may be punished accordance with law.
(iii) Issue a writ order or direction in the nature of Mandamus Commanding/ Directing the respondent to complete the enquiry within stipulated period of time.
(iv) Issue a writ order or direction in the nature of Mandamus Commanding/ Directing the Respondents to act in accordance with law."
Learned counsel for the State has submitted that the prayer prayed for cannot be granted as, his application under Section 156(3) of the Cr.P.C was rejected by the learned Magistrate having jurisdiction over the matter. According to the learned counsel for the State a remedy right with petitioner to challenge the order under Section 156(3) Cr.P.C which is yet not been done.
On what basis do we direct the criminal proceedings against the Station House Officer.
The learned judge has considered the fact that during the jam the police force trying to disburse the mob. However, we direct the Superintendent of Police of the district, Varanasi to look into the complaint of the present petitioner and decide the same if he finds merit in the same within short time.
With these observations, we dismissed this petition.
We disposed of this petition as withdrawn as we have given instructions to the Superintendent of Police, Varanasi to look into the matter.
Order Date :- 30.7.2021 PS