The High Court dismissed the writ petition seeking investigation and arrest, directing the petitioner to avail the remedy of Section 156(3) CrPC instead, citing prior precedent.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5951 of 2021 Petitioner :- Amarjeet Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rajesh Kumar,Navin Kumar 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 respondents 2 and 3 to conclude fair and proper investigation of Case Crime No. 505 of 2020 under section 308, 452, 504 I.P.C. Police Station Sarai Inayat, District Prayagraj within short stipulated period and the respondent no.2 and 3 take appropriate action with regard to arresting of the respondent no. 4,5,6 and 7.
B. Issue a writ, order or direction in the nature of mandamus directing the respondents to decide and consider the representation dated 8.7.2021 of the petitioners with regard to fair and proper investigation of Case Crime No. 505 of 2020 under section 308, 452, 504 I.P.C. Police Station Sarai Inayat, District Prayagraj within short stipulated period and the respondent no.2 and 3 take appropriate action with regard to arresting of the respondent no. 4,5 and 6 (accused persons) in the aforesaid case."
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 of 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 :- 5.8.2021
samz
1 issue framed by the court
Whether the High Court can issue a writ for conclusion of investigation and arrest of accused instead of suggesting the remedy of Section 156(3) CrPC.
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
Amarjeet
State Of U.P. And 6 Others
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
