The court dismissed a writ petition seeking fair investigation and arrest of an accused in a criminal case, holding that the petitioner has an alternative remedy under Section 156(3) Cr.P.C., as clarified in precedent. The matter was disposed of without expression of opinion on merits.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7751 of 2021
Petitioner :- Poonam Kushwaha Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Jagadeesh Narayan Dwivedi,Rajiv Kumar,Udai Singh Kushwaha Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,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 commanding and directing the respondents for fair investigations in pursuance of Case Crime No.466 of 2020 under Sections 323, 504, 506, 376, 511 of I.P.C. P.S.- Kaudhiyara, District Prayagraj and arrest to respondent no.04 as soon as possible and charge sheet may also be filed against respondent no.04."
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 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.
Order Date :- 1.10.2021/vkg
2 issues framed by the court
Whether writ jurisdiction should be exercised given the petitioner has an alternative remedy under Section 156(3) Cr.P.C.
Whether to direct fair investigation and arrest of accused in a case registered under IPC sections 323, 504, 506, 376, 511.
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
Poonam Kushwaha
State Of U P
3 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
