HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 1
Case :- MISC. BENCH No. – 3835 of 2020
Petitioner :- Smt.Rekha Bajpai
Respondent :- State Of U.P.Through Home Secretary Lucknow Ors.
Counsel for Petitioner :- Mahesh Chandra Shukla
Counsel for Respondent :- C.S.C.
Hon’ble Pankaj Kumar Jaiswal,J.
Hon’ble Karunesh Singh Pawar,J.
Heard Sri Mahesh Chandra Shukla, learned counsel for the petitioner and learned Additional C.S.C. for the respondents.
By this writ petition under Article 226 the petitioner is praying for following reliefs:-
“Issued a writ order or direction in the nature of mandamus directed opposite party no. 2 to 4 protect and safe the life of the petitioner grandchild is child of their daughter namely Km. Awani Mishra aged about 1 year daughter of Ajit Mishra mother name later Sawani Mishra wife of Ajit Mishra and during until attaining on the false and fabricated pretext that the the petitioner grandchild parents opposite party no.06 have been trying to hares and forcefully want to take with you.
Issue order a direction in the nature mandamus direct the opposite party no. 2 and 3 decided the representation/application move and served by the petitioner by hand and register post on dated 28.01.2020 and directed the opposite party no. 2 and 3 protect and safe the life of the petitioner grandchild is child of their daugher namely Km. Awani Mishra aged about 1 years daugher of Ajit Mishra mother name Late Swani Mishra Wife of Ajit Mishra and during until attaining.
Issue any order or direction which this Hon’ble Court may deem fits just and proper and circumstance of the case be also awarded to the petitioner against the opposite parties.
Allow the writ petition with cost in favour of the petitioner.”
This relief is based on the basis of complaint (Annexure No. 3) lodged before the Senior Superintendent of Police, Lucknow.
The petitioner is having a statutory remedy under the Guardians and Wards Act, 1890 as well as under the Code of Criminal Procedure, 1973, but he without availing the aforesaid statutory remedies filed this writ petition under Article 226 of the Constitution of India.
Law on the subject is well settled and therefore, we are not inclined to entertain this writ petition, however, liberty is granted to take other recourse as available in Guardians and Wards Act, 1890 and the Code of Criminal Procedure, 1973.
In view of the above, the writ petition is dismissed.
(Karunesh Singh Pawar, J) (Pankaj Kumar Jaiswal, J)
Order Date :- 11.2.2020/R.C.