Dismissed

Himanshu Pandey v. State of U.P. and 2 Others

Allahabad HC30 Jul 2021CRLP/5769/2021

Case brief

AI extract

What is this about?

The High Court dismissed this writ petition challenging the investigation of an IPC case. Clarifying that an alternative remedy exists, the court directed the petitioner to approach the Magistrate under Section 156(3) Cr.P.C. and dismissed the petition without merits.

What did the court decide?

Writ petition dismissed; petitioner directed to approach Magistrate under Section 156(3) Cr.P.C.

Himanshu Pandey Vs State of U.P. and 2 Others — Criminal Trial and Appeal | Allahabad HC (2021)

¶1

Court No. - 46

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 5769 of 2021

¶3

Petitioner :- Himanshu Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Himanshu Raghav Pandey Counsel for Respondent :- G.A.

¶4

Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

¶5

Heard learned counsel for the petitioner and the learned A.G.A.

¶6

This writ petition has been filed praying for the following reliefs:

¶7

"A. Issue a writ, order or direction in the nature of mandamus directing the respondents to complete the investigation of First Information Report dated 24.09.2018 registered as Case Crime No.326 of 2018, under Sections 419, 420, 406 I.P.C. at Police Station Shivkuti, District Allahabad expeditiously or within the stipulated period as may be prescribed by this Hon'ble Court.

¶8

B. Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 24.09.2018 and reminder dated 12.2.2021."

¶9

Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively not taking action against the accused.

¶10

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) .

¶11

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.

¶12

Order Date :- 30.7.2021/vkg

Himanshu Pandey v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Himanshu Pandey v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Irfan Ahmad Vs State of U.P. and 4 Others

Heera Thakur Vs Union of India and 2 Others

Ikram Hussain @ Billa Vs State of U.P. and 7 Others

Smt. Rinki Yadav and Another Vs State of U.P. and Others

Smt. Shama @ Nagma Vs State of U.P. and Others

Mahboob Vs State of U.P. and 3 Others