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2015 DIGILAW 3712 (ALL)

We For All Society Daliganj Lko. Thru President [P. I. L. ] v. State of U. P. Thru Home Secy. Home Deptt. Lko.

2015-11-27

D.Y.CHANDRACHUD, NARAYAN SHUKLA

body2015
JUDGMENT All that the petitioner states is that the organization called We For All is devoted itself to uplift the poorer section and to bring peace and harmony in the Society. The reliefs which have been sought are of a wide-ranging nature and for convenience of reference, they are extracted hereinbelow: "(i) Issue a writ, order or direction in the nature of mandamus directing the opposite party no.1 to constitute High Level Committee in supervision of Hon'ble High Court to monitor the offences committed by the police officers against the public. (ii) Issue a writ, order or direction in the nature of mandamus directing Opposite parties to constitute monitoring cell led by not below rank of Superintendent of Police to monitor and supervise all cases and fix the responsibility of the Investigating Officers in case of faulty and bogus investigation. (iii) Issue a writ, order or direction in the nature of mandamus directing Opposite parties to constitute Special Investigation Team for the registering the First Information Report and investigate against the Police officers committed offence against the public as narrated in the Writ Petition itself. (iv) Issue a writ, order or direction in the nature of mandamus directing Opposite parties to constitute Special Investigation Team and conduct the further investigation of offences/cases mentioned in Writ Petition itself due to faulty/bogus investigation and fix the responsibility for shielding accused persons." 2. If the petitioner is publicly minded, it would be open to the petitioner to take recourse to the remedies available under the Code of Criminal Procedure, 1973. Without doing so, it is becoming a common place to move the Court in public interest litigation. Hence, such a petition should not be entertained without the invocation of the ordinary remedies available under the Cr P C. However, while declining to entertain the writ petition, we leave it open to the petitioner to take recourse to the normal remedies available under the Code of Criminal Procedure, 1973. 3. Learned Additional Government Advocate has stated before the Court, upon instructions, that charge-sheets have been filed in all the cases to which a reference has been made in the body of the petition. 4. At this stage, learned counsel for the petitioner seeks leave to withdraw the petition. 5. The petition is, accordingly, dismissed as withdrawn. There shall be no order as to costs.