Smt. Ramsafi vs State Of U.P. And 3 Others
2021 Latest Caselaw 10122 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5561 of 2021
 

 
Petitioner :- Smt. Ramsafi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rahul Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

Heard learned counsel for the petitioner and the learned A.G.A.

This writ petition has been filed praying for the following reliefs:

"Issue a writ order or direction in the nature of mandamus commanding and directing the respondent police authorities to conduct proper / fair investigation in pursuant to the F.I.R. lodged in case crime no. 2021 u/s 363, 366 IPC, Police Station Asothar District Fatehpur and to recover the minor daughter of the petitioner kidnapped by the private respondent no. 4."

Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively not taking action against the accused.

Be that as it may, the petitioner has a remedy under Section 156(3), Cr.P.C. to move an appropriate application before the concerned Magistrate. This legal position has also been clarified by this court vide judgment dated 27.01.2021 in Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and others).

In view of the aforesaid, we do not find any good reason to entertain this writ petition. Therefore, without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed off leaving it open to the petitioner to move an appropriate application before the concerned Magistrate under Section 156(3), Cr.P.C. In the event such an application is filed by the petitioner, it is expected that the concerned Magistrate shall proceed in accordance with law.

Order Date :- 11.8.2021

Rahul Dwivedi/-