Allahabad High Court
Anita vs Superintendent Of Police, Amethi And ... on 31 August, 2022
Author: Rakesh Srivastava
Bench: Rakesh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6328 of 2022 Petitioner :- Anita Respondent :- Superintendent Of Police, Amethi And Others Counsel for Petitioner :- Ashish Kumar Shukla,Abhay Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Rakesh Srivastava,J.
Hon'ble Brij Raj Singh,J.
Heard Shri Ashish Kumar Shukla, learned counsel for the Petitioner and learned Additional Government Advocate, appearing for the State-Respondents.
This writ petition has been filed praying inter alia the following relief:-
"(i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties 1 and 2 to arrest the opposite parties no. 3 to 5 regarding the FIR registered against the same bearing case crime no.224 of 2022 under sections 354, 363, 366, 376, 511, 504, 506 IPC and 3 (1) d, 3 (1) (dh), 3 (2) (va) SC/ST Act registered at Police Station Gauriganj, District Amethi dated 30.06.2022 lodged by the Petitioner as contained in Annexure no.1 to this writ petition."
It is no more res integra that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to rush to this Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC.
In Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 the Apex Court has said that the High Courts should desist from entertaining petitions for registration of FIR or for conducting proper investigation in the light of the alternative remedy available under Section 156(3) of CrPC. The said ratio has been followed in Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277.
Accordingly, we are not inclined to entertain this writ petition, which is hereby dismissed.
However, notwithstanding dismissal of the writ petition, it will be open to the Petitioner to approach the Magistrate concerned by moving an application under Section 156(3) Cr.P.C. If any such application is moved by the Petitioner/complainant, the same shall be dealt in accordance with law by the Magistrate concerned.
Order Date :- 31.8.2022 Pks (Brij Raj Singh,J) (Rakesh Srivastava,J)