Bina Mishra vs State Of U.P. And Another
2021 Latest Caselaw 10513 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5586 of 2021
 

 
Petitioner :- Bina Mishra
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Anil Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Ajai Tyagi,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 respondents to make fair and proper investigation in Case Crime No.0177 of 2021 under Sections 147, 452, 323, 504, 354 (ka) IPC Police Station Sigra District Varanasi and effect arrest of the accused.

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 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.

(Ajai Tyagi, J.) (Manoj Kumar Gupta, J.)

Order Date :- 17.8.2021

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