The High Court dismissed the writ petition seeking transfer of the case to C.B.I., noting that the petitioner has an alternative remedy under Section 156(3) Cr.P.C. to approach the Magistrate.
This writ petition is dismissed without expressing any opinion on the merits of the case.
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Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6195 of 2021 Petitioner :- Smt. Shama @ Nagma Respondent :- State of U.P. and Others Counsel for Petitioner :- Mohd Faiz,V.K. Agnihotri Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri V.K. Agnihotri, 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 commanding the respondent no. 2 to transfer the case before C.B.I. or Special Cell in pursuance of F.I.R. dated 27.02.2021 registered as Case Crime No. 177 of 2021, under Sections 457, 380, 427, 411 I.P.C, Police Station-Modi Nagar, District Ghaziabad (annecure no.1) to this writ petition.
(ii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstance of the case.
(iii) award the cost of the writ petition to the petitioner."
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 :- 30.7.2021/Rahul.
Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.08.02 14:35:56 IST Date: 2021.08.02 14:37:08 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether this Court should directly transfer the case to C.B.I. or Special Cell when a remedy under Section 156(3) Cr.P.C. exists.
Colour shows how this judgement treated each authority
Ajay Kumar Pandey vs. State of U.P. and othersReferred¶9
judgment dated 27.01.2021 in Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and others)
Smt. Shama @ Nagma
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
