Allahabad High Court
Harish Chandra Dixit vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 8 August, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:52356-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6151 of 2023 Petitioner :- Harish Chandra Dixit Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Manoj Kumar Dwivedi,Arun Kumar Dwivedi,Sanchita Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
(1) Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 3.
(2) This petition has been filed by the petitioner for the following main prayer:-
"1) Issue a writ, order or direction in the nature of Mandamus to the concerned Respondent to hand over the investigation to a high ranking officer or A.C.P. for fair investigation with regard to F.I.R. No.0289/2023, under Section 306 IPC, in Kalyanpur Police Station West, (Commissionerate Kanpur Nagar), District Kanpur."
(3) Learned A.G.A. has raised a preliminary objection regarding the maintainability of this writ petition before this Court at Lucknow, as the entire incident took place at Kanpur which does not fall within the territorial jurisdiction of this Court sitting at Lucknow.
(4) The writ petition is dismissed with liberty to the petitioner to approach the Appropriate Forum.
Order Date :- 8.8.2023 N.PAL