Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26444 of 2018 Petitioner :- Ravi Kant Chaturvedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sandeep Kumar Srivastava,Sushil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Srivastava, learned counsel for the petitioner, Sri Pawan Shukla, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent no. 2-D.G.P. U.P., Lucknow to take necessary action against the S.H.O., Kotwali, S.P. City after making necessary inquiry and must punish the guilty persons and also direct the S.H.O. Kotwali to make necessary and fair investigation in the matter, grievance of the petitioner disclosed in his application thereafter file the report before the court concerned.
Learned A.G.A. has drawn the attention of the Court towards the prayer made in the present petition to which learned counsel for the petitioner submits that the petitioner was having some dispute with his wife for which an F.I.R. has been lodged against the petitioner and his family members for the offence under sections 498-A I.P.C. etc. He submits that some incident took place in his house in which his parents were assaulted by the family members of his wife along with some other persons but his F.I.R. was not lodged, hence he moved an application under section 156 (3) Cr.P.C. which was treated as complaint by the learned Magistrate.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we are of the view that as the matter has already been treated as complaint by the learned Magistrate, no interference by this Court is required in the matter.
The petition is accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Shiraz