Ram Asare Yadav vs State Of U P And 5 Others
2021 Latest Caselaw 2468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1318 of 2021
 

 
Petitioner :- Ram Asare Yadav
 
Respondent :- State Of U P And 5 Others
 
Counsel for Petitioner :- Ajay Kumar Singh Yadav,Vinay 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 learned A.G.A. for the State-respondents.

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

"(i) To Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to complete fair investigation in FIR dated 09.12.2020, Case Crime No. 267 of 2020, under Section 307 I.P.C., Police Station Jalalpur, District Jaunpur".

Learned counsel for the petitioner submits that the Investigating Officer is not properly investigating the matter and collusively not taking action against the accused i.e. the respondent no.4,5 and 6.

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 Versus State of U.P. and 2 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

T.S.