Disposed

Ravi Kumar v. State of U.P. and 3 Others

Allahabad HC22 Sept 2023CRLP/15007/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition regarding non-progressive investigation, the Allahabad High Court referred to a prior Division Bench judgment on Section 156(3) Cr.P.C. and disposed of the petition by issuing a 15-day time-bound instruction to the concerned Magistrate without granting the specific reliefs sought.

What did the court decide?

Direction to the Magistrate to decide the application for proper investigation within 15 days.

Ravi Kumar Vs State of U.P. and 3 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184782-DB

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Court No. - 67

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15007 of 2023

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Petitioner :- Ravi Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivam Agarwal Counsel for Respondent :- G.A.

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

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Heard Sri Shivam Agarwal, learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.

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Learned counsel for the petitioner has prayed from this Court for the following relief:-

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"(i)- Issue a writ order or direction in the nature of mandamus to direct the respondent no. 2 to transfer the investigation to some other competent police officer to properly investigate the case and to take appropriate action against the respondent no. 4 (present accused) in Case Crime No. 0291 of 2016 lodged on 14.08.2016 by the applicant against the opposite parties under Sections 419, 420, 406, 467, 468, 471, 506 I.P.C., at P.S. Cantt., District Allahabad and further direct to conduct a free and fair investigation.

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(ii)- Issue any other and further writ, order or direction as this Hon'ble Court may be deem fit and proper, in the facts and circumstances of the case."

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Submissions made by the counsel for the petitioner that the investigation is not progressing at proper stage and the S.H.O., P.S. Cantt., District Allahabad is not progressing with the investigation.

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It is contended by the counsel for the petitioner that initially the Division Bench of this Court in the case of Ajay Kumar Pandey Vs. State of U.P. have opined Paragraph- 17:-

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"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.”

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Thus, it is clear that the concerned Magistrate shall decide any application speedy and proper investigation of the case within time bound and in the light of the aforesaid judgement of the case.

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This exercise has to be completed within next 15 days from today.

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With the aforesaid observation, the writ petition stands disposed of.

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Order Date :- 22.9.2023 Israr

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Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad

Ravi Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ravi Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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