In Criminal Misc. Writ Petition No. 12138/2023, the Allahabad High Court dismissed a petition seeking a writ of mandamus for a fair police investigation. The court disposed of the matter based on prior observations regarding Section 156(3) Cr.P.C. without deciding on the substantive request.
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Neutral Citation No. - 2023:AHC:157457-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 12138 of 2023
Petitioner :- Brijesh @ Brijesh Pasi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard Sri Sanjay Srivastava, learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.
Learned counsel for the petitioner submits that petitioner who is the informant in this case has prayed from this Court for the following relief:-
"1-Issue a writ or direction in the nature of mandamus commanding the respondent authorities to carryout fair investigation pursuant to Case Crime No. 26 of 2023, under Sections 323, 504, 506, 342 I.P.C. and Section 3(2) (Va) of SC/ ST Act, P.S. Charwa, District Kaushambi and a report may kindly be call upon from the respondent nos. 2 and 3.
2- Issue any other writ order or direction as this Hon'ble Court may be deem fit and proper under the facts and circumstances of the case."
Submissions made by the counsel for the petitioner that the investigation is not progressing at proper stage and the S.H.O., P.S. Charwa, Kaushambi is not progressing with the investigation.
It is contended by the counsel for the petitioner that the case has
already been filed before the S.P., Kaushambi on 06.03.2023 till date no action has been taken and investigation is not progressing in the proper way. Initially the Division Bench of this Court in the case of Ajay Kumar Pandey Vs. State of U.P. have opined Paragraph- 17:-
"17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation.”
Thus, it is clear that the concerned Magistrate shall decide any application u/s 156(3) speedy and proper investigation of the case within time bound and in the light of the aforesaid judgement of the case.
This exercise has to be completed within next two months from today.
With the aforesaid observation, the writ petition stands disposed of.
Order Date :- 4.8.2023 Israr
Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue a writ of mandamus directing the respondent authorities to carry out a fair investigation.
Colour shows how this judgement treated each authority
Ajay Kumar Pandey Vs. State of U.P.Referred¶12
Ajay Kumar Pandey Vs. State of U.P.
1 provisions across 1 enactments
Brijesh @ Brijesh Pasi
State Of U.P.
4 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
