Rakhi v. State of U.P. and 8 Others

Court No. - 40 Case :- WRIT - C No. - 29440 of 2023 Petitioner :- Rakhi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Mansa Singh,Ulajhan Singh Bind Counsel for Respondent :- CSC Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard learned counsel for the petitioner, Mr. R.P. Pandey, learned Additional Chief Standing Counsel for the State-respondents and perused the record.

¶2By means of the instant petition, petitioner has prayed for following principal reliefs:- "(i) Issue the writ, order or direction in the nature of mandamus commanding and directing the respondents police authority to take necessary legal action against the respondent no.4 to 9.

(ii) Issue the writ, order or direction in the nature of mandamus commanding and directing the respondents police authority to provide the police protection to the petitioner from the respondent no.4 to 9.

(iii) Issue the writ, order or direction in the nature of mandamus commanding and directing the respondent nos.2 and 3 to decide the representation dated

16.08.2023 of the petitioner within a specific/within a fixed period."

¶3At the very outset, learned Additional Chief Standing Counsel for the State-respondents raised a preliminary objection regarding the maintainability of the instant petition on the ground that the petitioner has got efficacious remedy to move an application under Section 156(3) Cr.P.C. before the Court below for redressal of her grievance.

¶4When confronted with above, the learned counsel for the petitioner could not overcome the same.

¶5Considering the facts and circumstances of the case, we are not inclined to adjudicate the matter. Needless to say, it is open to the petitioner to move an application under Section 156(3) Cr.P.C. before the Court below for redressal of her grievance.

¶6With the aforesaid observations, the instant petition stands disposed of. Order Date :- 16.10.2023 Sachin High Court of Judicature at Allahabad