Udaybhan Singh vs State Of U.P. And 3 Others
2021 Latest Caselaw 1801 ALL

Citation : 2021 Latest Caselaw 1801 ALL
Judgement Date : 29 January, 2021

Allahabad High Court

Udaybhan Singh vs State Of U.P. And 3 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. - 16439 of 2020
 

 
Petitioner :- Udaybhan Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Prabhat Kumar Tiwari
 
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 no.2 to enquire the matter by him or to any independent Investigating Agency and produce the progress report before this Hon'ble Court within stipulated period as fixed by this Hon'ble Court.

(ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to arrest the respondent no.4 in pursuance of statement of victim namely Km. Payal Under Section 164 Cr.P.C. recorded before the Court of Additional Chief Judicial Magistrate 1st, Agra in Case Crime No. 265 of 2019, Under Section 363, 366, 376 1.P.C. and 3/4 Protection of Children from Sexual Offences Act, Police Station- Sadar Bazar, District- Agra."

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

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