Dismissed

Rakesh Kumar v. State of U P and 3 Others

Allahabad HC16 Dec 2020CRLP/14130/2020

Case brief

AI extract

What is this about?

The High Court held that the petitioner's grievance regarding non-investigation cannot be entertained via a writ petition under Article 226, but must be approached under Section 156(3) Cr.P.C. as per Sakiri Vasu and Sudhir Bhaskarrao Tambe. The petition was dismissed.

What did the court decide?

Petitioner directed to approach competent Magistrate under Section 156(3) Cr.P.C. instead.

Rakesh Kumar Vs State of U P and 3 Others — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14130 of 2020

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Petitioner :- Rakesh Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Sri A.K. Srivastava, learned counsel for the petitioner and the learned AGA.

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This writ petition has been filed for seeking a writ of mandamus commanding the respondent concerned to conduct fair investigation in pursuance of FIR dated 1.1.2020 in Case Crime No. 003 of 2020, under Section 201, 302 IPC, Police Station Brijmanganj, District Mahrajganj.

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It is submitted that petitioner is an informant in the above case and despite approaching the authority concerned for fair investigation, no action whatsoever has been taken, an appropriate direction be issued for fair and expeditious investigation.

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It is well settled in view of the decision of the Apex Court in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 as reiterated in Sudhir Bhaskarrao Tambe v. Hemant, Yashwant Dhage and others, (2016) 6 SCC 277 that in the event of unsatisfactory investigation, remedy of the aggrieved person is not to approach the High Court under Article 226 of the Constitution of India but to approach the Magistrate concerned under Section 156(3) Cr.P.C.

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Paragraphs 2 and 3 of Tambe (supra) are quoted hereunder:

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"2. This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered,

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or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter. We have said this in Sakiri Vasu case because what we have found in this country that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation.

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3. We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation."

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Thus, in view of the above, remedy, if any, for the petitioner is to approach the competent Magistrate in respect of his grievance.

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With the aforesaid observations, this writ petition is disposed off.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 16.12.2020 S.K.S.

Rakesh Kumar v. State of U P and 3 Others

Case brief

What is this about?

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Rakesh Kumar v. State of U P and 3 Others

Case brief

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What did the court decide?

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