AMIT CHAURASIA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition under Article 226/227 of Constitution of India has been filed by the petitioner Amit Chaurasia with the prayer that a writ, order or direction in the nature of mandamus be issued commanding and directing the respondents to register the FIR of the petitioner.

(2.) WE have heard Sri Sunil Vashisth, learned counsel for the petitioner and the learned A. G. A. for the respondent State and perused the record.

(3.) IT appears from the contents of the writ petition that one Dibyesh Pratap Singh came to the Mobile Repair Shop of the petitioner on 17. 7. 2008 at about 5 P. M. and abused him over some disputes on the repair of a mobile phone. The petitioner was also beaten by him. In the meantime, Dibyesh's father Devendra Pratap Singh also came there with five or six juniors lawyers and assaulted the petitioner by kicks and fists. He also gave a threat to his life. Whereas the police of Sigra police station registered a case at Crime No. 448 of 2008 under sections 147, 148, 394, 307 I. P. C. against the petitioner and some others on the report of Devendra Pratap Singh, it refused to register the report lodged by the petitioner against Devendra Prasad Singh and others. Thereafter the petitioner sent an application (Annexure -2) to the S. S. P. Varanasi by registered post but to no avail. He could not move the Magistrate concerned under section 156 (3) Cr. P. C. for a direction for registration of the FIR and for investigation because the Central Bar Association, Varanasi passed a resolution (Annexure-6) that no counsel will plead the cause of the petitioner. Not only this, the lawyers went on strike. The petitioner has suspected danger to his life in going to the court. Therefore, he has filed the present writ petition.