Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7856 of 2021 Petitioner :- Rahul Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Utkarsh Malviya,Umesh Tripathi Counsel for Respondent :- G.A.,Abhishek Mishra,Rahul Mishra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present petition has been filed with the following reliefs:-
"(i) Issue a Writ of Mandamus to the State of Uttar Pradesh, inter alia, the Senior Superintendent of Police (SSP), Meerut (Respondent No.2), or the Station House Officer (SHO), Nauchandi Police Station, Meerut (Respondent No.3), to register a First Information Report under section 120B, 406, 420, 467, 468 and 471 of Indian Penal Code against Mr. Shailendra Kr. Sharma/ accused in relation to forgery committed by him pertaining to wrongful alteration of shareholding pattern in a company named M/s Jagat Hospital and Research Centre Pvt. Ltd. and thus deriving wrongful gains out of it.
(ii) Issue a Writ of Mandamus to the State of Uttar Pradesh, inter alia, the Sr. Superintendent of Police (SSP), Meerut, (Respondent No. 2) or the Station House Officer, Nauchandi Police Station, Meerut (Respondent No.3), to conduct a fair, impartial and expeditious investigation / proceedings in the course of registration of FIR against the accused for the commission of abovestated cognizable offences relating to forgery of documents."
The appropriate remedy for the petitioner is to file an application under Section 156(3) Cr.P.C. before the competent court in case of any slackness on the part of the Senior Superintendent of Police in not entertaining the application of the petitioner under Section 154(3) Cr.P.C.
The writ petition is found wholly misconceived and, hence, dismissed.
Order Date :- 28.9.2021 Radhika