Court dismissed writ petition urging fair investigation in a dowry death case, holding Section 156(3) Cr.P.C. provides appropriate remedy for police inaction.
Petitioner directed to approach Magistrate under Section 156(3) Cr.P.C. for investigation orders.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2097 of 2020
Petitioner :- Lal Chandra Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ratnesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos.1 to 3.
The basic prayer of the petitioner in this petition is that the authorities be directed to conclude fair and impartial investigation in pursuance of the First Information Report dated 10.11.2019 registered as Case Crime No.0451 of 2019, under Sections 498A, 304B I.P.C. & Section 3/4 Dowry Prohibition Act, 1961, Police Station- Khaga, District Fatehpur.
Learned counsel for the petitioner is not pressing the other prayers.
In view of the limited prayer so made, we are of the view that the petitioner can approach the Magistrate concerned under Section 156(3) Cr.P.C.
In view of the decision of the Apex Court in the case of Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277, following its earlier decision in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 which observes that Section 156(3) Cr.P.C. provides for a check by the Magistrate on the police and where the Magistrate finds that the police have not investigated the matter satisfactorily, he can direct the police to carry out the investigation properly and may also monitor the same, we dispose of this writ petition with liberty to the petitioner to take appropriate action in accordance with the above provision before the Magistrate concerned.
In case any such move is made by the petitioner before the Magistrate, the application of the petitioner in that regard would be suitably considered in accordance with law in an expeditious manner.
Order Date :- 7.2.2020 Radhika
1 issue framed by the court
Whether the petitioner is entitled to a direction for fair investigation under writ jurisdiction when Section 156(3) Cr.P.C. is available.
Colour shows how this judgement treated each authority
Sudhir Bhaskarrao Tambe v. Hemant Yashwant DhageReferred¶9
Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277 · Who else cites this
Sakiri Vasu v. State of U.P.Referred¶9
Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 · Who else cites this
4 provisions across 3 enactments
Lal Chandra Singh
State Of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
