This court dismissed a writ petition seeking direction for fair investigation, noting petitioner has remedy under Section 156(3) Cr.P.C. Justice Kesarwani and Justice Ahmed dismissed without expressing opinion on merits.
Writ petition dismissed; petitioner directed to move application under Section 156(3) Cr.P.C. to concerned Magistrate.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 801 of 2021
Petitioner :- Pawan Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Chandra Gupta Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following relief:-
"i) issue a writ, order or direction in the nature of mandamus directing the respondent No.2 and 3 to conduct the fair investigation in Case Crime No.607 of 2020 under sections 336, 323, 504, 506 IPC Police Station Jevar, District Gautam Budh Nagar."
Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and conclusively 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. 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 :- 2.2.2021
mt
1 issue framed by the court
Whether the writ court can direct the investigating officer to conduct fair investigation instead of suggesting remedy under Section 156(3) Cr.P.C.
Colour shows how this judgement treated each authority
Ajay Kumar Pandey vs. State of U.P.Referred¶9
judgment dated 27.01.2021 in Criminal Misc. Writ Petition No.15692 of 2020
Pawan Kumar
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
