Vishwanath Singh Dhakrey vs State Of U.P. And 8 Others
2021 Latest Caselaw 8764 ALL

Citation : 2021 Latest Caselaw 8764 ALL
Judgement Date : 27 July, 2021

Allahabad High Court

Vishwanath Singh Dhakrey vs State Of U.P. And 8 Others on 27 July, 2021

Bench: Surya Prakash Kesarwani, Piyush Agrawal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2787 of 2021
 

 
Petitioner :- Vishwanath Singh Dhakrey
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,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. 3 to complete fair investigation in Case Crime No. 1075 of 2020 under Section 420, 467, 468, 471, 120 B, 504, 506 IPC, P.S. Etamaddaula District Agra within stipulated period.

(ii) Issue any other writ, order or direction in the nature of mandamus directing respondent no. 2 and 3 to take legal action against the respondent no. 4 to 9 in Case Crime No. 1075 of 2020 under Section 420, 467, 468, 471, 120 B, 504, 506 IPC, P.S. Etamaddaula District Agra and may also be summon the investigating officer in this case. "

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 :- 27.7.2021

Rahul Dwivedi/-