Criminal Misc. Writ Petition dismissed as the petitioner has an alternative remedy under Section 156(3) Cr.P.C. before the Magistrate to seek investigation directions, citing a previous judgment clarifying this legal position.
The writ petition was dismissed; the petitioner is directed to move an application under Section 156(3) Cr.P.C.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5739 of 2021
Petitioner :- Subhash Chandra Sharma Respondent :- State of U.P. and Others Counsel for Petitioner :- Amrit Shanker Dubey
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 no. 2 and 3 to conduct fair, and impartial investigation in Case Crime No. 89 of 2021 under section 302 IPC at Police Station Matsena, District Firozabad in pursuance of First Information Report dated 15.04.2021 within stipulated period as fixed by this Hon'ble Court.
ii. issue, a writ, order or direction in the nature of mandamus directing respondent no. 2 and 3 arrest the accused person respondent no. 4 and 5 immediately in pursuance of the First Information Report dated 15.04.2021 being Case Crime No. 89 of 2021 under section 302 IPC at Police Station Matsena, District - Firozabad."
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 12:37:04 IST Date: 2021.08.04 12:37:57 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 this court should entertain a writ petition seeking mandamus for fair investigation and arrest instead of utilizing the remedy under Section 156(3) Cr.P.C.
Whether a fair and impartial investigation under Section 302 IPC can be directed via writ petition.
Colour shows how this judgement treated each authority
Ajay Kumar Pandey vs. State of U.P. and othersReferred¶10
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
Subhash Chandra Sharma
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
