Prem Narayan Yadav vs State Of U.P. And 2 Others
2021 Latest Caselaw 9619 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5931 of 2021
 
Petitioner :- Prem Narayan Yadav
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Dinesh Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

Heard Shri Dinesh Kumar Tripathi, learned counsel for the petitioner, the learned A.G.A. for the State - respondent and Shri Rakesh Prasad, learned counsel for the respondent no. 3.

This writ petition has been filed praying for the following reliefs:

"(I) Issue a writ, order or direction in the nature of mandamus commanding/directing to the respondent no. 2 to conduct fair investigation in the impugned first information report FIR dated 26.02.2021 registered in Case Crime No. 77 of 2021, under sections 498-A, 323, 506, 354-A I.P.C. and section 3/4 Dowry Prohibition Act, Police Station George Town, District Prayagraj (Allahabad) Meerut (Annexure no. 1 to the writ petition).

II, Issue a writ, order or direction in the nature of mandamus commanding/directing to the respondent no. 2 to include or embrace the evidence as part of case dairy given by petitioner in investigation, in FIR dated 26.02.2021 registered in Case Crime No. 77 of 2021, under sections 498-A, 323, 506, 354-A I.P.C. and section 3/4 Dowry Prohibition Act, Police Station George Town, District Prayagraj (Allahabad) Meerut (Annexure no. 1 to the writ petition)."

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 :- 5.8.2021/Amit Mishra