The Court dismissed a writ petition seeking mandamus for fair investigation, holding that the petitioner has a remedy under Section 156(3) Cr.P.C. before the Magistrate.
Writ petition disposed off without expressing opinion on merits; petitioner directed to move application under Section 156(3) Cr.P.C.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5583 of 2021
Petitioner :- Dushyant Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinit Mishra Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"a. issue a writ, order or direction in the nature of Mandamus directing the concerned respondents to conduct fair and unbiased investigation in Case Crime No. 0139 of 2021, under Section 147, 148, 149, 504, 323, 341, 307 and 427 IPC, Police Station Pakbara, District Moradabad, arising out of the First Information Report dated 26.4.2021 (Annexure No. 1 ) lodged by the petitioner, otherwise the petitioner shall suffer irreparable losss and injury."
Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively 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 disposed off 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.
Order Date :- 11.8.2021 Rahul Dwivedi/-
1 issue framed by the court
Whether the Court should entertain a writ petition for fair investigation when a remedy exists 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¶9
Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and others) dated 27.01.2021
1 provisions across 1 enactments
Dushyant Yadav
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
