Sarvesh Kumar vs State Of U.P. And 6 Others
2021 Latest Caselaw 9660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5763 of 2021
 

 
Petitioner :- Sarvesh Kumar
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Anil Kumar
 
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 & 3 to coclude the investigation and submitted the police report in Case Crime No. 109 of 2021 under section 302 I.P.C., Police Station - Patiyali, District - Kasganj, which is pending before the respondent No. 3."

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