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BEG RAM & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Beg Ram & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 1412 of 2006 [2006] RD-AH 2777 (7 February 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble Shiv Shanker,J.

The contention of the learned counsel appearing for the petitioner is that the F.I.R. has been lodged on the basis of complaint but without affording reasonable opportunity of hearing. Avenue of miscellaneous  writ jurisdiction, if necessary available for the same. Court of Criminal writ jurisdiction is not made for hearing. This Court's jurisdiction is restricted only on the F.I.R. where prima facie, we see F.I.R. is based on enquiry. Under such circumstances, we have no other alternative but to proceed on such basis.  If the petitioner is inclined to proceed with the fact that an enquiry is made without affording any opportunity of hearing the jurisdiction of different Bench as aforesaid is available for the same.

The principle of 2005 ADJ (All) (Asha Devi Vs State of U.P.& Ors) is applicable on the factual basis of each and every case.  In the present case F.I.R. is based on enquiry report.  Good, bad, indifferent enquiry report is the prima facie basis of the F.I.R.    We have to go by it. Therefore, we can not interfere with the matter.  

The writ petition is thus dismissed.  No order is passed as to costs.

Dated 07.02.2006

PKB

Crl.W.P.1385-06


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