Hansraj Prajapati vs State Of U.P. And 2 Others
2021 Latest Caselaw 1758 ALL

Citation : 2021 Latest Caselaw 1758 ALL
Judgement Date : 29 January, 2021

Allahabad High Court

Hansraj Prajapati vs State Of U.P. And 2 Others on 29 January, 2021

Bench: Surya Prakash Kesarwani, Vipin Chandra Dixit




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 614 of 2021
 
Petitioner :- Hansraj Prajapati
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ajeet Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Vipin Chandra Dixit,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 the respondent nos.2 and 3 to ensure the fair and impartial investigation in pursuance of the First Information Report dated 24.05.2020 lodged by petitioner being case crime no. 167 of 2020 under section 420, 406, 504, 506, 138 I.P.C., Police Station- Sipri Bazar, District Jhansi.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3/ Station House Officer, Police Station Sipri Bazar, District Jhansi to conclude the investigation of case crime no. 167 of 2020 under section 420, 406, 504, 506, 138 I.P.C., Police Station- Sipri Bazar, District- Jhansi within some stipulated period as specified by this Hon'ble court."

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 :- 29.1.2021

AK Pandey