Rekha vs State Of U.P. And 11 Others
2021 Latest Caselaw 4814 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2120 of 2021
 

 
Petitioner :- Rekha
 
Respondent :- State Of U.P. And 11 Others
 
Counsel for Petitioner :- Munesh Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Subhash Chand,J.

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

The prayer made in the instant petition is for a direction to the State respondents to make a free and fair investigation in Case Crime No. 37 of 2021, under Sections 3(1)(d), 3(1)(w)(ii), 3(2)(vii) and 4 SC/ST Act and Sections 302, 376D, 377, 654A, 504, 506. 509, 323, 498A, 406, 420, 120-B IPC and Section 3/4 D.P. Act, P.S. Hari Parvat, District Agra and effect arrest of respondent nos. 4 to 12.

As regards the first relief, the petitioner has an efficacious remedy of approaching learned Magistrate under Section 156(3) CrPC 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 respondent nos. 4 to 12 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) CrPC.

(Subhash Chand J.) (Manoj Kumar Gupta, J.)

Order Date :- 26.3.2021

Jaideep/-