Neeraj Soni Alias Neeraj Kumar And ... vs State Of U.P. And 3 Others
2021 Latest Caselaw 9542 ALL

Citation : 2021 Latest Caselaw 9542 ALL
Judgement Date : 4 August, 2021

Allahabad High Court

Neeraj Soni Alias Neeraj Kumar And ... vs State Of U.P. And 3 Others on 4 August, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5913 of 2021
 

 
Petitioner :- Neeraj Soni Alias Neeraj Kumar And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Niraj Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

Heard Sri Niraj Tiwari, learned counsel for the petitioners and the learned A.G.A.

Learned counsel for the petitioners submits that the petitioner wants fair investigation in Case Crime No. 83 of 2020 under section 147, 148, 149, 307, 506, 452 I.P.C. at Police Station Kakarbari District Jhansi and only to this extent relief is being pressed.

Be that as it may, the petitioners have 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 :- 4.8.2021

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