This court disposed of a writ petition seeking fair and impartial investigation in a crime case. Relying on Sakiri Vasu and Sudhir Bhaskarrao Tambe, the bench directed the petitioner to approach the Magistrate under Section 156(3) Cr.P.C. for such a direction.
Liberty to take action before the Magistrate under Section 156(3) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3536 of 2020
Petitioner :- Renu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushpendra Singh,Abhitosh 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 AGA for the respondents 1, 2 and 3.
The petitioner by means of this writ petition wants that fair and impartial investigation may be done in Case Crime No.942 2019, registered under Sections 376D, 452, 506 IPC, pursuant to the FIR dated 21.11.2019.
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 :- 27.2.2020 Mini
1 issue framed by the court
Whether a writ petition for fair and impartial investigation under Section 156(3) Cr.P.C. should be disposed of with liberty to approach the Magistrate.
Colour shows how this judgement treated each authority
Sudhir Bhaskarrao Tambe v. Hemant Yashwant DhageFollowed¶6
(2016) 6 SCC 277 · Who else cites this
Sakiri Vasu v. State of U.P.Relied on¶6
(2008) 2 SCC 409 · Who else cites this
1 provisions across 1 enactments
Renu
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
