Bhole vs State Of U.P. And 8 Others
2021 Latest Caselaw 8074 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1020 of 2021
 

 
Petitioner :- Bhole
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Rajesh Chandra Gupta
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the petitioner and the learned A.G.A.

This writ petition has been filed praying for the following relief:-

"Issue a writ, order or direction in the nature of mandamus directing the respondents no.2 and 3 to conduct the fair investigation in Case Crime No.541 of 2020 under Sections 147, 323, 427, 452, 506 I.P.C., Police Station Jevar, District Gautam Budh Nagar."

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 :- 15.7.2021

SK Goswami