Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15845 of 2020 Petitioner :- Ramdhari Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- R.B.Pal Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
The prayer made in the instant petition is for issuing a mandamus commanding the Senior Superintendent of Police, Azamgarh and S.H.O., Police Station Tahaberpur, Azamgarh, respondents 2 and 3 to take action against respondents 5 and 6 in Case Crime No.113 of 2019 u/s 323, 504, 506, 508, 325 IPC, Police Station Tahaberpur, District Azamgarh and for a further mandamus directing them to consider the representation of the petitioner dated 18.9.2020.
It is evident from the assertions made in the writ petition that in Case Crime No.113 of 2019, the Police, after investigation, has submitted a charge sheet against the private respondents. It is also the case of the petitioner that the accused persons are avoiding appearance in the court and, therefore, non-bailable warrant was issued against them. In the application dated 18.9.2020, the petitioner has made a prayer to the Senior Superintendent of Police, Azamgarh to ensure that the accused persons are arrested in pursuance of the warrant issued by the court. It is also alleged that they are threatening the petitioner.
Since non-bailable warrant has been issued by the trial court, it is open to the petitioner to move to the same court so that appropriate action is taken by it for execution of the warrant. However, no case is made out for interference by this Court.
The petition is wholly misconceived. It is dismissed accordingly.
(Rajendra Kumar IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.1.2021 SL