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NAGENDRA PRATAP SINGH @ NAGENDRA PRASAD versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Nagendra Pratap Singh @ Nagendra Prasad v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 1385 of 2006 [2006] RD-AH 2834 (7 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

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 an enquiry without affording reasonable opportunity of hearing. Therefore the petitioner is aggrieved.  According to us avenue towards miscellaneous  writ jurisdiction is available for the same. Court of Criminal writ jurisdiction is not made for it. It is restricted only on the F.I.R. Prima facie we see that the F.I.R. is based on enquiry. Under such circumstances, we have no other alternative but to proceed on such basis.  

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 basis of the F.I.R. is the enquiry report.  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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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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