Naushad Ali vs State Of U P And 18 Others
2021 Latest Caselaw 2312 ALL

Citation : 2021 Latest Caselaw 2312 ALL
Judgement Date : 12 February, 2021

Allahabad High Court

Naushad Ali vs State Of U P And 18 Others on 12 February, 2021

Bench: Surya Prakash Kesarwani, Shamim Ahmed




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1268 of 2021
 
Petitioner :- Naushad Ali
 
Respondent :- State Of U P And 18 Others
 
Counsel for Petitioner :- Roshan Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Shamim Ahmed,J.

Heard learned counsel for the petitioner and the learned A.G.A.

This writ petition has been filed praying for the following relief:-

"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to conclude the investigation of Case Crime No.867 of 2020 U/s 386, 359, 147, 120B, 452, 354Kh, 307, 504, 506 I.P.C. Police Station Murad Nagar, District Ghaziabad, with in time as fixed by this Hon'ble Court.

(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to ensure the fair, transparent, and impartial investigation of Case Crime No.867 of 2020 U/s 386, 359, 147, 149, 120B, 452, 354Kh, 307, 504, 506 I.P.C. Police Station Murad Nagar, District Ghaziabad and submit its final outcome before this Hon'ble Court."

Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and conclusively 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 dismissed leaving it open to the petitioner to move an appropriate application before the concerned Magistrate. 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 :- 12.2.2021