Shamshad vs State Of U.P. And 7 Others
2021 Latest Caselaw 9286 ALL

Citation : 2021 Latest Caselaw 9286 ALL
Judgement Date : 2 August, 2021

Allahabad High Court

Shamshad vs State Of U.P. And 7 Others on 2 August, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5819 of 2021
 
Petitioner :- Shamshad
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Nipun Singh,Vivek Chaubey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

Heard Sri Sumit Suri, holding brief of Sri Nipun Singh, learned counsel for the petitioner, learned A.G.A. for the State - respondents and Sri Mohd. Afzal, learned counsel for the informant - respondent, who has put in appearance today.

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

"i) A writ, order or direction in the nature of mandamus directing the respondent no.2 to forthwith supervise and ensure fair and speedy investigation in Case Crime No.1138 of 2019, under sections 323, 504, 376D, 120B IPC, Police Station Lone, District - Ghaziabad.

ii) A writ, order or direction in the nature of mandamus directing the respondent nos.2 and 3 to arrest the respondent no.4 and submit the police report against all the accused persons within the time as stipulated by this Hon'ble court in Case Crime No.1138 of 2019, under sections 323, 504, 376D, 120B IPC, Police Station Loni, District - Ghaziabad."

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 dismissed 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 :- 2.8.2021/vkg