The High Court dismissed a writ petition seeking direction to arrest accused persons. The court held the petitioner has an alternative remedy under Section 156(3) CrPC to approach the Magistrate and decided not to express an opinion on merits.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5735 of 2021
Petitioner :- Smt. Gudiya Respondent :- State Of U P And Others Counsel for Petitioner :- Shyam Singh Somvanshi
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:
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to make ensure the arrest of the respondent Nos. 4 and 5 - Shrikant Yadav & Raghuvar Yadav, in pursuance of first information report dated 28.11.2020 registered as Crime No. 0259 of 2020 under sections 504, 354-B, IPC, police station - Shadiabad, District - Ghazipur the arrest of the respondent nos. 4 & 5 before this Ho'ble Court should be forthwith to meet the ends of justice, during the pendency of the instant writ petition, otherwise, the applicant/petitioner shall suffer irreparable loss 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 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.
Order Date :- 3.8.2021 Amit Mishra
Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.08.04 12:37:10 IST Date: 2021.08.04 12:37:54 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether a writ petition in nature of mandamus directing police to arrest accused is maintainable when the petitioner has a remedy under Section 156(3) CrPC.
Whether the High Court should entertain a writ petition for directing arrest without expressing opinion on merits when alternative statutory remedy exists.
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_ )
1 provisions across 1 enactments
Smt. Gudiya
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
