Hon'ble High Court dismissed a criminal miscellaneous writ petition filed for proper investigation and coercive process in a non-cognizable case, holding that the petitioner has an alternative remedy under Section 155(2) Cr.P.C., without expressing any opinion on merits.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16404 of 2020
Petitioner :- Soni Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kanchan Ranjan 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 by the petitioner for proper investigation in N.C.R. dated 1.8.2020 registered as Rojnamcha No.037 of 2020, under Section 504, 506 IPC, Police Station Barhan, District Agra and to initiate coercive process in the aforesaid N.C.R.
The petitioner has a remedy under Section 155(2) Cr.P.C. Therefore, we are not inclined to entertain this writ petition.
Consequently, without expressing any opinion on merits of the case of the petitioner, the writ petition is dismissed leaving it open for the petitioner to take such legal recourse as permissible under law.
Order Date :- 20.1.2021 SP
1 issue framed by the court
Whether a writ petition seeking proper investigation and coercive process under a N.C.R. deserves admission when a statutory remedy under Section 155(2) Cr.P.C. exists.
Soni Devi
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
