The court dismissed the writ petition seeking mandamus for fair investigation and arrest, directing the petitioner to approach the Magistrate under Section 156(3) Cr.P.C. instead, citing a prior judgment.
The writ petition is dismissed; the petitioner is directed to move an application before the concerned Magistrate under Section 156(3) Cr.P.C.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 1308 of 2021
Petitioner :- Udayveer Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Radhey Shyam Dwivedi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following relief:-
I. Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 to 4 to conduct fair investigation in connection with F.I.R. dated 09.04.2019, Case Crime No.395/2019, U/s 302 I.P.C. at P.S.Dadri, District -Gautam Budha Nagar and submit charge-sheet against accused person and arrest him immediately.
II. Issue a writ, order or direction in the nature of mandamus directing the respondents concerned to proceed expeditiously in connection with the aforesaid case crime and under section."
Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and conclusively not taking action against the accused.
Be that as it may, the petitioner has a remedy under Section 156(3), Cr.P.C. to move an appropriate application before the concerned Magistrate. This legal position has also been clarified by this court vide judgment dated 27.01.2021 in Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and others)
In view of the aforesaid, we do not find any good reason to entertain this writ petition. therefore, without expressing any opinion on merits of the case of the petitioner, this writ petition is dismissed leaving it open to the petitioner to move an appropriate application before the concerned Magistrate. In the event such an application is filed by the petitioner, it is expected that the concerned Magistrate shall proceed in accordance with law.
Order Date :- 9.2.2021
mt
1 issue framed by the court
Whether this court should entertain a writ petition directing fair investigation and arrest in the absence of a remedy under Section 156(3) Cr.P.C.
Colour shows how this judgement treated each authority
Ajay Kumar Pandey vs. State of U.P. and othersReferred¶10
Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and others)
1 provisions across 1 enactments
Udayveer
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
