Shabeena Bano Vs State of U.P. and 9 Others

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 1329 of 2021

Petitioner :- Shabeena Bano Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Avdhesh Narayan Tiwari Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the petitioner and the learned A.G.A.

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This writ petition has been filed praying for the following relief:

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"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 to 5 and their agents to proceed with the investigation in a fair manner and conclude the same to the logical end within stipulated period fixed by this Hon'ble Court and further be pleased to ensure the arrest of the respondent No.5 to 10 pursuant to the F.I.R. dated 17.10.2020 bearing case crime no.762/2020, u/s 376-D, 328, 452, 504, 506, 313 IPC, Police Station Mauaima, District Prayagraj."

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Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively not taking action against the accused.

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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).

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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.

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Order Date :- 17.2.2021 SP

Shabeena Bano v. State of U.P. and 9 Others

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Shabeena Bano v. State of U.P. and 9 Others

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