Narendra Kumar vs State Of U.P. And Others
2021 Latest Caselaw 10870 ALL

Citation : 2021 Latest Caselaw 10870 ALL
Judgement Date : 25 August, 2021

Allahabad High Court

Narendra Kumar vs State Of U.P. And Others on 25 August, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5372 of 2021
 

 
Petitioner :- Narendra Kumar
 
Respondent :- State of U.P. and Others
 
Counsel for Petitioner :- Abhishek Yadav,Tulsi Singh Yadav
 

 
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 relief:

"i) issue a writ order or direction in nature of mandamus directing to the State of U.P. through its Secretary (Home) Govt. of U.P. at Lucknow to refer the respondent no.2 (C.B.I.) to include the arrest the respondent no. 8.9.11 and 12 to direct the respondent no.4 include fresh other investigating officer of the investigation of the Case Crime No. 0087 of 2021 under section 498A, 304-B, I.P.C. and 3/4 D.P. Act, Police Statiion Purkazi, District Muzaffar Nagar within a stipulated period."

After the arguments were heard at some length, learned counsel for the petitioner states that aforementioned relief may be moulded and a direction for fair investigation may be given to the Police.

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 :- 25.8.2021

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