Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 5276 of

2021

Petitioner :- Hari Nivas Tyagi

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Ved Prakash Shukla

Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ram Krishna Gautam,J.

Heard Shri Ved Prakash Shukla, learned counsel for the

petitioner and Shri Lokesh Singh, learned brief holder, for the

State respondents.

The present writ petition has been preferred inter-alia with

following reliefs:

"I. Issue a writ, order or direction in the nature of mandamus

directing respondent to take necessary and stern action against

the respondent no. 4 for committing such manifest illegality in

submission of Final Report under Section 173 Cr.P.C. in Case

Crime No. 258 of 2020, under Sections 420, 467, 468, 471, 328,

323, 506 I.P.C. Police Station-Khekada, District-Bagpat.

II. Issue a writ, order or direction in the nature of mandamus

directing the Respondent No. 2 to carry out proper investigation

in Case Crime No. 258 of 202 under Sections 420, 467, 468,

471, 328, 323, 506 I.P.C. Police Station Khekada, District-

Bagpat."

A preliminary objection has been raised by the learned State

Law Officer stating that, in case, the petitioner is aggrieved

with the submission of Final Report under Section 173 Cr.P.C.

in Case Crime No. 258 of 2020 under Sections 420, 467, 468,

471, 328, 323, 506 I.P.C. Police Station Khekada, District-

Bagpat, he has an efficacious remedy to approach the

appropriate Authority/Forum, but instead of approaching the

appropriate Authority/Forum he has directly preferred the

present writ petition under Article 226 of the Constitution of

India.

When this Court has declined to interfere its discretionary

jurisdiction under Article 226 of the Constitution of India,

learned counsel for the petitioner states that he does not want to

press this writ petition and the same be dismissed as not

pressed.

Accordingly, writ petition is dismissed as not pressed.

However, leave is always open to the petitioner to approach the

appropriate Authority/ Forum.

The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad,

self attested by the petitioner along with a self attested identity

proof of the said person (preferably Aadhar Card) mentioning

the mobile number to which the said Aadhar Card is linked.

The concerned Authority/Official shall verify the authenticity of

such computerized copy of the order from the official website

of High Court Allahabad and shall make a declaration of such

verification in writing.

Order Date :- 6.9.2021

Deepak/