This petition seeking writ directions for investigation was dismissed on the ground that the petitioner has an alternative remedy under Section 156(3) Cr.P.C.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17147 of 2020
Petitioner :- Ramesh Chandra Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Santosh Kumar Pandey,Rajendra Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
This writ petition has been filed, praying for the following relief:-
"(i) To Issue a writ, order or direction in the nature of mandamus directing fair and impartial investigation of Case Crime No. 247 of 2017, under Sections 363 I.P.C., P.S. Nawabganj, District Farrukhabad in pursuance of the first information report dated 08,.10.2017".
Learned counsel for the petitioner submits that the Investigating Officer is not properly investigating the matter and collusively not taking action against the accused i.e. the respondent no.4.
Be that as it may, the petitioner has a remedy under Section 156 (3) Cr. P.C. to moved 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 Versus State of U.P. and 2 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 :- 1.2.2021 T.S.
1 issue framed by the court
Whether a writ petition mandating fair investigation is maintainable when a remedy under Section 156(3) Cr.P.C. is available.
Colour shows how this judgement treated each authority
Ajay Kumar Pandey Versus State of U.P. and 2 othersReferred¶9
Criminal Misc. Writ Petition No. 15692 of 2020 (Ajay Kumar Pandey Versus State of U.P. and 2 others)
Ramesh Chandra
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
