Dharmendra Kumar And 2 Otehrs vs State Of U.P. And 6 Others
2021 Latest Caselaw 2572 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1432 of 2021
 

 
Petitioner :- Dharmendra Kumar And 2 Others
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Ashok Kumar Mishra,Ramji Singh Patel
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Shamim Ahmed,J.

Heard learned counsel for the petitioners 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/ commanding the respondents to conduct the fair and proper investigation of Case Crime No.851 of 2020, Under Sections 341, 504, 506, IPC, police station; Cant., District: Varanasi registered in pursuance of the First Information Report dated 29.10.2020 (Annexure No.1) as well as Case Crime No.0648 of 2020, under section 67 of Information Technology (Amendment) Act, 2008 and 354, 294, 506, 504, 323 and 452 of Indian Penal Code, 1860 Police Station - Shivpur District - Varanasi lodged by respondent no.7 (Annexure No.5) by any other independent agency.

(ii) Issue a writ order or direction in the nature of mandamus directing/ commanding the respondent no.1, 2 and 3 to decide the representation dated 20.11.2020 and 27.11.2020 filed by the petitioners."

Learned counsel for the petitioners 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 petitioners have 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 petitioners, this writ petition is dismissed leaving it open to the petitioners to move an appropriate application before the concerned Magistrate. In the event such an application is filed by the petitioners, it is expected that the concerned Magistrate shall proceed in accordance with law.

Order Date :- 18.2.2021

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