Smt.Sheelu Soni v. State of U.P. and 3 Others
Case brief
What is this about?
In a criminal miscellaneous writ petition seeking directions for proper investigation under the IPC, this Court declined to entertain the writ petition. It directed the petitioner to invoke the powers of the concerned Magistrate under Section 156(3) CrPC for registration and monitoring. The judgment relies on apex court precedents emphasizing that investigation remedies lie with the Magistrate, no
What did the court decide?
Petition disposed off with liberty to invoke the power of the Magistrate under Section 156(3) CrPC.
What the court decided
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 7009 of 2020
Petitioner :- Smt.Sheelu Soni Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rishi Kant Rai,Shambhu Sharan Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner; learned AGA for the respondents 1, 2 and 3.
The instant petition seeks a direction upon the Staterespondents to ensure proper investigation in Case Crime No.620 of 2019, registered at P.S. Sarai Inayat, District Prayagraj, under Sections 323, 504, 506, 376 IPC.
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 , held as follows:
"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, 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 is that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation.
Issues for consideration
2 issues framed by the court
Whether a High Court should entertain a writ petition for direction to ensure proper police investigation or direct the petitioner to approach the Magistrate.
Whether the Magistrate under Section 156(3) CrPC has the power to monitor police investigation.
Parties & counsel
- petitioner
Smt. Sheelu Soni
- respondent
State Of U.P.
Coram
Manoj Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- CRLP/7009/2020
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