Dismissed

Anil Kumar v. State of Up and Others

Allahabad HC4 Aug 2021CRLP/6452/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking direction to conclude an investigation expeditiously. The court held that the petitioner alternatively has a remedy under Section 156(3) Cr.P.C. before the Magistrate and disposed of the petition without expressing opinion on merits.

What did the court decide?

The writ petition is disposed off, leaving it open to the petitioner to move an application under Section 156(3) Cr.P.C. before the concerned Magistrate.

Anil Kumar Vs State of Up and Others — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6452 of 2021 Petitioner :- Anil Kumar Respondent :- State of U.P. and Others Counsel for Petitioner :- Nandini Mishra

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

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

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

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"(A) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 directing him to conclude the investigation properly and fairly and expeditiously and according to law in pursuance of F.I.R. dated 22.02.2021 in Case Crime No.0135 of 2021 under Sections 420, 467, 468, 471, 120 (B) I.P.C., Police Station Surajpur, District Gautam Budh Nagar.

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(B) Issue a writ order or direction in the nature of the case which this Hon'ble Court may deem fit and proper on the facts and circumstances of the case in the interest of justice."

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

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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) .

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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 off 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.

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Order Date :- 4.8.2021/Atul

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Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.08.05 11:18:12 IST Date: 2021.08.05 11:21:22 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Anil Kumar v. State of Up and Others

Case brief

What is this about?

What did the court decide?

Anil Kumar v. State of Up and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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