Suaiba vs State Of U.P. And 13 Others
2021 Latest Caselaw 2465 ALL

Citation : 2021 Latest Caselaw 2465 ALL
Judgement Date : 17 February, 2021

Allahabad High Court

Suaiba vs State Of U.P. And 13 Others on 17 February, 2021

Bench: Surya Prakash Kesarwani, Shamim Ahmed




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1352 of 2021
 

 
Petitioner :- Suaiba
 
Respondent :- State Of U.P. And 13 Others
 
Counsel for Petitioner :- Shama Begum
 
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 reliefs:

"(i) issue a writ, order or direction in the nature of mandamus directing to the concerned respondent police authorities particularly respondent nos.3 and 4 to make fair investigation in case crime no.506 of 2020, under section 498-A, 323, 504, 506, 354 IPC dated 07.8.2020, Police Station Handia, District Prayagraj.

(ii) issue a writ, order or direction in the nature of mandamus directing to the concerned respondent authorities i.e. respondent nos.3 Superintendent of Police, District Prayagraj to provide proper protection to the petitioner as well as her boy aged about 1 and 1/2 half year as well as her family members from the intimidation of the in-laws respondents."

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 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 :- 17.2.2021

SFH