Sudhanshu Bhatnagar vs State Of U P And Others
2021 Latest Caselaw 10029 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5746 of 2021
 
Petitioner :- Sudhanshu Bhatnagar
 
Respondent :- State Of U P And Others
 
Counsel for Petitioner :- Sushil Kumar Tewari
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Mohd. Aslam,J.

Heard learned counsel for the petitioner and learned AGA for the State.

The main prayer made in the instant petition is for a mandamus commanding respondent nos. 2 and 3 to make fair and proper investigation in Case Crime No. 1611 of 2020, under Section 304-B, 498-A IPC and Section 3/4 Dowry Prohibition Act, P.S. Civil Lines, District Moradabad. It is also prayed that the respondents may be directed to arrest the accused persons.

As regards the first relief, the petitioner has an efficacious remedy of approaching learned Magistrate under Section 156(3) CrPC as held by Division Bench of this Court in its judgment dated 27.1.2021 in Criminal Misc. Writ Petition No. 15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and 2 others).

The other prayer for a direction to effect arrest of the accused persons is wholly misconceived. Whether the accused or any other person should be arrested or not depends on the wisdom of the investigating agency to be arrived at after taking into consideration various relevant factors in that regard. No blanket order for effecting arrest of any person could be issued in exercise of writ jurisdiction.

The writ petition is accordingly dismissed, subject to the liberty granted to the petitioner to approach learned Magistrate under Section 156(3) CrPC.

(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.)

Order Date :- 10.8.2021/Jaideep/-