Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15034 of 2019 Petitioner :- Mohd. Faizan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Avinash Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Avinash Pandey, counsel for the petitioner and Sri Yogeshwar Rai, learned AGA appearing for the State.
The prayer made in the writ petitioner is to the following effect:--
"(i) to issue a writ order or direction in the nature of mandamus directing the respondent no.2 to pass appropriate order and directing the respondent no.5 to correct register no.4 and 8 and delete the name of the petitioner from the register no.8 in Police Station Kotwali Nagar, District Saharanpur.
(ii) to issue a writ order or direction in the nature of mandamus directing the respondent no.2 to pass appropriate order upon representation of petitioner dated 04.04.2019(Annwxure No.1 of the writ petition).
(iii) to issue a writ order or direction in the nature of mandamus directing the respondent no.5 to submit a faire report for issuing teh renewal of passport of petitioner to passport authority."
Prayer as made in the writ petition is absolutely misconceived and no relief can be granted by this Court in exercise of its equitable jurisdiction under Article 226 of the Constitution of India.
Accordingly, the writ petition is dismissed.
However, liberty is give to the petitioner, that in case they have any grievance he may approach the District Magistrate concerned within a period of one month from today alongwith a certified copy of this order, raising all his grievances therein. In case such an application is filed before the District Magistrate concerned, he will look into the matter and same shall be heard and disposed of finally within a period of two months thereafter.
With the aforesaid directions the writ petition is disposed of finally.
It is made clear that in case the petitioner do not move such an application before the authority concerned, raising all his grievances, annexing therewith copy of the writ petition and copy of this order, within one month from today, the interim protection granted in favour of the petitioner will stand automatically vacated.
Order Date :- 29.5.2019 VKG