Nayan Goswami vs Union Of India And 6 Others
2021 Latest Caselaw 10124 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5593 of 2021
 

 
Petitioner :- Nayan Goswami
 
Respondent :- Union Of India And 6 Others
 
Counsel for Petitioner :- Gaurav Mahajan,Amit Mahajan
 
Counsel for Respondent :- A.S.G.I.,G.A.,Sanjay Kumar Yadav
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

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

Learned counsel for the petitioner wants to press only relief no. (iii), i.e., fair investigation pursuant to FIR No. 0455 of 2021 under sections 332, 353, 147, 148 & 504 IPC and sections 3(1)(r) & 3(1)(s) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station - Vrindavan, District - Mathura.

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 of 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

Amit Mishra