Smt. Gudiya vs State Of U P And Others
2021 Latest Caselaw 9449 ALL

Citation : 2021 Latest Caselaw 9449 ALL
Judgement Date : 3 August, 2021

Allahabad High Court

Smt. Gudiya vs State Of U P And 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. - 5735 of 2021
 

 
Petitioner :- Smt. Gudiya
 
Respondent :- State Of U P And Others
 
Counsel for Petitioner :- Shyam Singh Somvanshi
 

 
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 directing the respondent Nos. 2 and 3 to make ensure the arrest of the respondent Nos. 4 and 5 - Shrikant Yadav & Raghuvar Yadav, in pursuance of first information report dated 28.11.2020 registered as Crime No. 0259 of 2020 under sections 504, 354-B, IPC, police station - Shadiabad, District - Ghazipur the arrest of the respondent nos. 4 & 5 before this Ho'ble Court should be forthwith to meet the ends of justice, during the pendency of the instant writ petition, otherwise, the applicant/petitioner shall suffer irreparable loss and injury."

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

Amit Mishra