High Courts(1996) 12 AHC CK 0060

Munni Devi vs State of U.P.& Ors.

Allahabad High Court · Decided on 3 December 1996

HON’BLE JUDGES
S.H.A.Raza, J and Shobha Dikshit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 3521 (MB) of 1996

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Judgment

3 paragraphs · 236 words
1.

The only grievance raised in this writ petition is that the respondent No. 4, who is Sub Inspector, posted at Police Station, Musafirkhana, District Sultanpur, has snatched away the motorcycle from the petitioner''s possession. When the petitioner wanted to lodge the F.I.R.,her F.I.R. was not lodged. Thereafter, she preferred an application before the Superintendent of Police, Sultanpur, D.I.G. (Police''), Faizabad and D.G.Police by preferring applications,but neither any action has been taken against the said police Inspector, nor the F.I.R. was registered.

2.

As the cjuestion involved is trivial in nature to remain pending before this Court unnecessary, after hearing the learned counsel for the petitioner as well as learned standing counsel, we dispose of this writ petition by issuing a direction to the Superintendent of Police, Sultanpur to consider the grievance of the petitioner and pass appropriate orders, within two weeks from the date of production of a certified copy of this order before him. It is provided that in case the motorcycle in question was not involved in any offence, then the F.I.R.be registered against the police officer, who has snatched the said motor cycle without authority of law. But, if the same was seized by the said police Inspector in accordance with law, then the SubInspector be directed to send the challan to the Magistrate concerned, so the petitioner may apply for the release of the vehicle.

3.

Writ petition is disposed of.