Anant Singh vs State Of U.P. And 6 Others
2021 Latest Caselaw 2571 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1451 of 2021
 
Petitioner :- Anant Singh
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Bhuvnesh 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 directing to the Station House Officer, P.S.-Chandpur, District-Bijnor to conclude the investigation in pursuance of the first information report date 01.08.2020 lodged at Crime No.412 of 2020 under section 420, 467, 468, 471, 120-B I.P.C., P.S -Chandpur District Bijnor in a fair manner and take appropriate action against the respondent nos. 4 to 7 in accordance with law within stipulated time period.

(ii) Issue a writ, order or direction in the nature of mandamus directing to the Superintendent of Police, Bijnor to supervise the investigation in pursuance of the first information report date 01.08.2020 lodged at Crime No.412 of 2020 under section 420, 467, 468, 471, 120-B I.P.C., P.S -Chandpur District Bijnor and direct to Station House Officer, P.S.-Chandpur, District-Bijnor to take the appropriate action against the respondent no.4 to 7."

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 :- 18.2.2021

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