Dismissed

mohd wamique khan v. State of up and 6 others

Allahabad HC8 Jul 2021CRLP/4344/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking directions for investigation and arrest. The Court held that the petitioner has an alternative remedy under Section 156(3) Cr.P.C. to approach the Magistrate, citing a prior judgment, and did not express an opinion on the merits.

What did the court decide?

None. The writ petition was dismissed without entertaining it on merits; the petitioner is directed to approach the Magistrate under Section 156(3) Cr.P.C.

mohd wamique khan Vs State of up and 6 others — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4344 of 2021

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Petitioner :- Mohd Wamique Khan Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Vinod Kumar Chandel,Ram Niwas Singh Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,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 reliefs:

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"(i) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ to the respondent nos. 03 to make proper and fair investigation within reasonable time and arrest to the accused persons in pursuance of Case Crime No. 0016, under Sections 323, 504, 506, 324, and 304 Indian Penal Code, 1860 registered at Police Station Kheta Sarai, District Jaunpur.

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.02 to decide the petitioner's applications dated 05.03.2021 and 02.06.2021 within stipulated period of time."

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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 under Section 156(3), Cr.P.C. 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 :- 8.7.2021

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T.S.

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Digitally signed by Justice Surya Digitally signed by Justice Gautam Prakash Kesarwani Chowdhary Date: 2021.07.08 13:58:19 IST Date: 2021.07.08 13:59:20 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

mohd wamique khan v. State of up and 6 others

Case brief

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mohd wamique khan v. State of up and 6 others

Case brief

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