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Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir

Sparsh Upadhyay
4 July 2022 11:27 AM GMT
Allahabad High Court, Victim, Complainant, Obtain, Leave To Appeal, section 378 (4) crpc, Appeal, section 372 CrPC, Examine, Justice Mohd. Faiz Alam Khan,
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The Allahabad High Court recently dismissed a plea seeking a direction to the Union Of India to take appropriate action against people who are allegedly involved in cow slaughtering, change of religion, spreading of crime in Kashmir, and are also snatching money from the simple law-abiding citizens.

Essentially, the bench of Justice Rajan Roy and Justice Brij Raj Singh was dealing with the plea of one Zamanat Abbas who was seeking a writ of mandamus commanding the opposite parties/ authorities to take appropriate action against the certain opposite parties.

It was alleged by the petitioner that these persons are involved in cow slaughtering, change of religion, spreading of crime in Kashmir and are also snatching money from the simple law abiding citizens and by the said criminal activities want to disturb and destroy the unity of the country.

However, the bench wondered as to how could such an omnibus writ of mandamus be issued by the High Court under Article 226 of the Constitution of India.

Instead, the Court was of the opinion that in the instant case, one remedy could be to lodge a First Information Report and if the same was not being lodged, then to pursue the remedy under Section 156(3) Cr.P.C.

However, the Court added, that there is no way that such a direction (commanding UOI) can be issued by the Court at the behest of the petitioner. "If there is any civil cause then the aggrieved person can initiate civil proceedings," the Court added as it dismissed the plea.

Case title - Zamanat Abbas v. Union Of India Thru. Secy. Ministry Of Home And Others [CRIMINAL MISC. WRIT PETITION No. - 3998 of 2022]

Citation: 2022 LiveLaw (AB) 308

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