Disposed

Shafeek v. State of U.P. and 7 Others

Allahabad HC5 Oct 2023CRLP/14693/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking directions for fair investigation under IPC 304-B and Dowry Prohibition Act. Citing Ajay Kumar Pandey, the Court held Section 156(3) Cr.P.C. applications before Magistrate are the correct remedy instead of invoking writ jurisdiction.

What did the court decide?

Writ petition dismissed as the proper remedy under Section 156(3) Cr.P.C. should be pursued before the Magistrate.

Shafeek Vs State of U.P. and 7 Others — Constitutional and Fundamental Rights | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:192267-DB

¶2

Court No. - 67

¶3

Case :- CRIMINAL MISC. WRIT PETITION No. - 14693 of 2023

¶4

Petitioner :- Shafeek Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Saurabh Srivastava Counsel for Respondent :- G.A.

¶5

Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

¶6

Heard Sri Saurabh Srivastava, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

¶7

The present petition has been filed for following relief:-

¶8

"I. A writ order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to conduct fair investigation and take action against the accused persons in pursuance of the F.I.R. dated 24.04.2021 as case crime no. 0138 of 2021, under sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Bhojpur, District Ghaziabad."

¶9

Submission made by learned counsel for the petitioner is that the police is not taking action against the named accused persons. Learned counsel for the petitioner has relied upon a Division Bench judgment of this Court passed in Criminal Misc. Writ Petition No. 15692 of 2020 (Ajay Kumar Pandey Vs. State of U.P. and 2 others) decided on 27.01.2021 wherein paragraph 17 of the said judgment, the Court has held as under:-

¶10

"17. In view of the discussions made above, we hold that if an informant/ petitioner is aggrieved that proper/ fair investigation is not being done by the investigating ofÏcer, then he/ she may approach the concerned Magistrate by moving an application under Section 156(3) Cr.P.C. for appropriate orders instead of invoking writ jurisdiction under Article 226 of the Constitution of India."

¶11

If such an application is moved before the Chief Judicial Magistrate, Ghaziabad, the same shall be decided by a reasoned order directing the Investigating OfÏcer of the case to gear up the unbiased investigation and conclude the same preferably within a period of 60 days and submit its report u/s 173(2) Cr.P.C. in the court of concerned Magistrate.

¶12

With the aforesaid observations, the instant writ petition stands disposed off.

¶13

Order Date :- 5.10.2023 Rmk.

¶14

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Shafeek v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Shafeek v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Balak Yadav Vs State of U.P. and 2 Others

Vijay Gupta and 3 Others Vs State of U.P. and 2 Others

Smt. Soni Jaiswal Vs State of U.P. and 7 Others

Iftekhar Rijwi and 3 Others Vs State of U.P. and 3 Others

Manoj Kumar Pandey and 3 Others Vs State of U.P. and 2 Others

Tej Singh and 9 Others Vs State of U.P. and 2 Others