Ramakant vs State Of U.P. And 3 Others
2021 Latest Caselaw 9552 ALL

Citation : 2021 Latest Caselaw 9552 ALL
Judgement Date : 4 August, 2021

Allahabad High Court

Ramakant 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. - 5927 of 2021
 

 
Petitioner :- Ramakant
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kamlesh Kumar Tripathi
 
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 directing the respondent nos.2 and 3 to conduct fair and impartial investigation in Case Crime No.141 of 2021 under Sections 304, 354 I.P.C., Police Station Sikandra, District Kanpur Dehat in pursuance of First Information Report dated 20.06.2021 within stipulated period as fixed by this Hon'ble Court.

(ii) Issue a writ, order or direction in the nature of mandamus directing respondent nos.2 and 3 to arrest the accused person, respondent no.4 immediately in pursuance of the First Information Report dated 20.06.2021 being Case Crime No.141 of 2021, under Sections 304, 354 I.P.C., Police Station Sikandra, District Kanpur Dehat."

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 disposed off 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

Atul