Mohammad Rasid vs State Of Up And 8 Others
2021 Latest Caselaw 7038 ALL

Citation : 2021 Latest Caselaw 7038 ALL
Judgement Date : 5 July, 2021

Allahabad High Court

Mohammad Rasid vs State Of Up And 8 Others on 5 July, 2021

Bench: Surya Prakash Kesarwani, Gautam Chowdhary




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4387 of 2021
 

 
Petitioner :- Mohammad Rasid
 
Respondent :- State Of Up And 8 Others
 
Counsel for Petitioner :- Prabhat Kumar Tiwari,Uma Dutt Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Gautam Chowdhary,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 nos.4 to 9 whose are named in the first information report dated 04.04.2021 registered as Case Crime No.197 of 2021, Under Section 304-B, 498-A, 201 I.P.C. and 3/4 Dowry Prohibition Act, Police Station - Jagdishpura, 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 under Section 156(3) Cr.P.C. 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 :- 5.7.2021/vkg