Smt. Vindrawati Alias Indrawati vs State Of U.P. And 3 Others
2021 Latest Caselaw 4710 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1024 of 2021
 

 
Petitioner :- Smt. Vindrawati Alias Indrawati
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anurag Upadhyay
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the petitioner and learned AGA for the State. Perused the record.

The prayer made in the instant petition is for a direction to respondent nos.2 and 3 to conduct fair investigation and ensure arrest of accused persons named in the First Information Report dated 22.8.2020, registered as Case Crime No.0170 of 2020, under Sections 366 I.P.C., P.S.- Mahrajganj, District Azamgarh.

As regards the first relief, the petitioner has an efficacious remedy of approaching learned Magistrate under Section 156(3) Cr.P.C. as held by Division Bench of this Court in its judgment dated 27.1.2021 in Criminal Misc. Writ Petition No. 15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and 2 others).

The other prayer for a direction to effect arrest of accused persons is wholly misconceived. Whether the accused or any other person should be arrested or not depends on the wisdom of the investigating agency to be arrived at after taking into consideration various relevant factors in that regard. No blanket order for effecting arrest of any person could be issued in exercise of writ jurisdiction.

The writ petition is accordingly dismissed, subject to the liberty granted to the petitioner to approach learned Magistrate under Section 156(3) Cr.P.C.

.

(Rahul Chaturvedi, J.) (Manoj Kumar Gupta, J.)

Order Date :- 25.3.2021

M. Kumar