Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7682 of 2021 Petitioner :- Pradeep Kumar Shukla Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Kamal Kumar Singh Counsel for Respondent :- Rajnish Kumar Rai
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard Sri Pradeep Kumar Shukla, learned counsel for the petitioner and Sri Rajnish Kumar Rai, learned counsel for the respondents.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery memo cum F.I.R. dated 21.8.2021, in Case Crime No. 24 of 2021, under Section 3 of Railway Property (Unlawful Possession) Act, 1996, Police Station RPF Post, District Gorakhpur.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 not to arrest the petition in Case Crime No. 24 of 2021, under Section 3 of Railway Property (Unlawful Possession) Act, 1996, Police Station RPF Post, District Gorakhpur.
Rajnish Kumar Rai, learned counsel for the respondents has raised the preliminary objection regarding the maintainability of this writ petition and submits that in the present matter, the complaint has been lodged and instead of challenging the said proceeding, first information report is being challenged, which is not maintainable. Enquiry in the matter is going on. In case, petitioner is aggrieved, he can appear before the Magistrate concerned and invoke the appropriate remedy, as available in law.
Under above facts and circumstances as well as considering the objection raised by learned counsel for the respondent, the Court is not inclined to interfere in the ongoing process of investigation of the case.
Accordingly, the writ petition is dismissed. However, leaving it open for the petitioner to apply before the competent authority for appropriate relief as permissible under law and in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.9.2021 Kamarjahan