Lavkush Prajapati vs State Of U.P. And 5 Others
2021 Latest Caselaw 9398 ALL

Citation : 2021 Latest Caselaw 9398 ALL
Judgement Date : 3 August, 2021

Allahabad High Court

Lavkush Prajapati vs State Of U.P. And 5 Others on 3 August, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5711 of 2021
 

 
Petitioner :- Lavkush Prajapati
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Lal Prabhakar Singh
 
Counsel for Respondent :- G.A.
 

 
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 reliefs:

"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents for fair investigation of Case Crime No. 0103 of 2021, under Section 364, 354, 376, 506 IPC and 8/3/4 Protection of Children From Sexual Offences Act, 2012, P.S. Mau, District Chitrakoot.

(ii) Issue any other suitable writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 Investigating Officer to arrest the respondent no. 4 / accused namely Vashant Lal in Case Crime No. 0103 of 2021 under Section 364, 354, 376, 506 IPC and 8/3/4 Protection of Children From Sexual Offences Act, 2012, P.S. Mau, District Chitrakoot. "

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 :- 3.8.2021

Rahul Dwivedi/-