Asha [email protected] Manisha vs State Of U.P And Others
2021 Latest Caselaw 10473 ALL

Citation : 2021 Latest Caselaw 10473 ALL
Judgement Date : 17 August, 2021

Allahabad High Court

Asha [email protected] Manisha vs State Of U.P And Others on 17 August, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6581 of 2021
 

 
Petitioner :- Asha [email protected] Manisha
 
Respondent :- State Of U.P And Others
 
Counsel for Petitioner :- Aishwarya Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

Heard Sri Aishwarya Pratap Singh, learned counsel for the petitioner and Sri Abhijeet Mukherji, learned Brief Holder for State -respondents.

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

"(i) to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to transfer the investigation of registered as Case Crime No. 044 of 2021, under Section 498 A, 323, 504, 506, 313, 376, 511, 307, 406 of IPC and Section 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Meerut to C.B.C.I.D. / Vigilance or any other independent Investigating Agency.

(ii) to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to arrest the accused persons pursuant to Information Report dated 15.04.2021 registered as Case Crime No. 044 of 2021, under Section 498 A, 323, 504, 506, 313, 376, 511, 307, 406 of IPC and Section 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Meerut.

(iii) to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to get the petitioner examined before the learned Magistrate and get her statement recorded under Section 164 Cr P C pursuant to Information Report dated 15.4.2021 registered as Case Crime No. 044 of 2021, under Section 498 A, 323, 504, 506, 313, 376, 511, 307, 406 of IPC and Section 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Meerut."

After arguing at some length, learned counsel for the petitioner submits that the petitioner wants to withdraw this writ petition with liberty to file an application under Section 156 (3) for fair investigation before the concerned Judicial Magistrate, in view of the law laid down 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, the writ petition is dismissed as withdrawn with the liberty to the petitioner to move an application under Section 156 (3) Cr P C before the concerned Judicial Magistrate for fair investigation.

Order Date :- 17.8.2021

Rahul Dwivedi/-