Dharmpal vs State Of U.P And Others
2021 Latest Caselaw 7227 ALL

Citation : 2021 Latest Caselaw 7227 ALL
Judgement Date : 7 July, 2021

Allahabad High Court

Dharmpal vs State Of U.P And Others on 7 July, 2021

Bench: Surya Prakash Kesarwani, Gautam Chowdhary




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4952 of 2021
 

 
Petitioner :- Dharmpal
 
Respondent :- State Of U.P And Others
 
Counsel for Petitioner :- Vijay Tripathi
 

 
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:

"a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents for fair investigation in pursuance of First Information Report dated 08.06.2021, arising out of Case Crime No. 222 of 2021, under section 164 IPC, Police Station Narakhi, District Firozabad and recover the abducted girl as soon as possible.

b) Issue such other and further writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case in favour of the petitioner against the respondents."

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 :- 7.7.2021

RPD