Anil Kumar Pandey And 7 Others vs State Of U.P. And 6 Others
2021 Latest Caselaw 6113 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4116 of 2021
 

 
Petitioner :- Anil Kumar Pandey And 7 Others
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Avinash Mani Tripathi,Arvind Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.

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

"(i) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities to transfer the investigation in Case Crime No. 49 of 2021, under Sections 147, 323, 308, 504 I.P.C., Police Station Munderwa, District Basti".

In Criminal Misc. Writ Petition No. 15692 of 2020 (Ajay Kumar Pandey Versus State of U.P. and 2 others), decided on 27.01.2021, this Court has held as under:-

"17. In view of the discussions made above, we hold that if an informant/ petitioner is aggrieved that proper/ fair investigation is not being done by the investigating officer, then he/ she may approach the concerned Magistrate by moving an application under Section 156(3) Cr.P.C. for appropriate orders instead of invoking writ jurisdiction under Article 226 of the Constitution of India.

18. For all the reasons aforestated, all the writ petitions are dismissed leaving it open to the petitioners to approach the Magistrate concerned under Section 156(3) of Cr.P.C. for fair and proper investigation".

Respectfully following the aforesaid judgment in the Case of Ajay Kumar Pandey (Supra), this writ petition is dismissed, leaving it open for the petitioners to approach the concerned Magistrate by moving an application under Section 156(3) Cr. P.C. for appropriate order.

It is made clear that we have not expressed any opinion on merits of the case of the petitioners.

Order Date :- 9.6.2021

T.S.