Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 5367 of 2019 Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ifaqat Ali Khan,J.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondents to lodge first information report against the respondents no. 4 and 5 in pursuance of the order dated 13.6.2018 passed by the Additional Director General of Police, Kanpur Region, Kanpur.
Heard learned counsel for the petitioners and learned A.G.A. Perused the record.
Submission as has been made by the counsel for the petitioner before the Court is that some application was moved to A.D.G. of Police, Kanpur Region, Kanpur by the petitioner on which a direction to concerned S.H.O. was made by him directing to register the F.I.R. and take necessary action but the aforesaid order has not been complied with so far and therefore, a direction should be given in that regard.
This Court is not in a position in absence of complete record to know as to why the direction of the A.D.G. of Police has not been complied with. There could have been many reasons for not registering the F.I.R. but the Court is not aware of the same and therefore, no such mandamus can be issued blindly by this Court without knowing full facts. But instead of keeping this matter pending this Court deems it proper to direct that the petitioner would move an application before the S.S.P. concerned, who shall look into the whole matter deeply and see all the circumstances of the case and also the circumstances under which the compliance of the aforesaid order has not been made. Primarily the grievance of the petitioner relates to the administrative realm of the police at this stage and must be placed before the concerned authority. If any such application is moved by the petitioner within one month from today the S.S.P. concerned shall look into the same and do the needful in accordance with law and rules expeditiously.
The writ petition stands disposed of with the aforesaid observations.
Order Date :- 26.2.2019 Naresh