Gayatri Devi vs State Of U.P. & Others
2012 Latest Caselaw 4271 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15022 of 2010
 

 
Petitioner :- Gayatri Devi
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Ajay Yadav,R.C. Yadav
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vijay Prakash Pathak,J.

Petitioner seeks a writ of mandamus commanding the Director, Central Bureau of Investigation (C.B.I.) to investigate the Case Crime No. 106 of 2005 under Section 364-A, I.P.C., Police Station Lohta, District Varanasi as well as to quash the order dated 30.04.2010 whereby the Chief Judicial Magistrate, Varanasi had accepted the final report submitted by the police.

So far as the prayer no. 1 is concerned, we are of the opinion that since the order of Magistrate accepting the final report submitted by the police exist on record, there cannot be a direction by this Court for any further investigation by the C.B.I. The proper remedy available to the petitioner is to file a revision/application under Section 482 Cr.P.C., if it is so maintainable and thereafter to request the Court concerned for further investigation through C.B.I.

With the aforesaid observation, the present writ petition is dismissed.

Dated :19.09.2012

VR/Crl. W.P.15022/10