Abhishek Pratap Verma vs State Of U.P.Thru.Secy. Home & ...
2021 Latest Caselaw 6048 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 10608 of 2021
 

 
Petitioner :- Abhishek Pratap Verma
 
Respondent :- State Of U.P.Thru.Secy. Home & Ors.
 
Counsel for Petitioner :- Arvind Kumar,Illegible
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the petitioner and learned AGA representing the State-respondents.

It has been contended by the learned counsel for the petitioner that the investigation of First Information Report dated 22.09.2020 lodged at Case Crime No.490/2020, under section 436 of I.P.C. Police Station-Antu, District-Pratapgarh is not being done appropriately by the Investigating Officer he is said to have colluded with the accused persons.

Having regard to the overall facts and circumstances of the case, for prayer made in this case, we feel it appropriate to refer to the judgment of Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of U.P. and others, reported in [(2008) 2 SCC 409] as reiterated by Hon'ble Supreme Court in yet another judgment in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage and others, reported in (2016) 6 SCC 277. In these judgments Hon'ble Supreme Court has held that this Court should not ordinarily entertain such petitions for the reason that complainant in such situation is at liberty to avail the remedy by approaching the Magistrate concerned under Section 156 (3) of the Code of Criminal Procedure.

In view of the aforesaid, this writ petition is finally disposed of with liberty to the petitioner to approach the Magistrate concerned as provided in the aforesaid judgments. In case the petitioner approaches the Magistrate concerned, he shall pass appropriate orders/direction to the Investigating Officer which may be warranted under law.

We may make it clear that we have not made any observation whatsoever on the merit of the claim of the petitioner.

Order Date :- 7.6.2021

Ashutosh Pandey