Lakhan Singh vs State Of U.P. And 7 Others
2021 Latest Caselaw 9553 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5917 of 2021
 

 
Petitioner :- Lakhan Singh
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Sushil Kumar Chaturvedi
 
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 no.2 and 3 to ensure the arrest of accused respondent no. 4 to 8 in pursuance of the F.I.R. dated 22.6.2021 registered in case crime no. 0079 of 2021 under section 354, 376D, 504, 120B I.P.C. & 3(1)(b), 3(2)(v) of SC/ST (Prevention of Atrocities) Act, Police Station- Pinahat, District Agra and conclude investigation in fair & impartial manner, sothat justice may be done."

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 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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