Smt. Alsha Sheikh vs State Of U.P. And 3 Others
2022 Latest Caselaw 1530 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Judgment Reserved On 18.04.2022
 
Judgment Delivered on 26.04.2022
 

 
Court No. - 91
 
Case :- APPLICATION U/S 482 No. - 4595 of 2022
 
Applicant :- Smt. Alsha Sheikh
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Brij Bhushan Paul,Anand Prakash Paul,Sankalp Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

1. Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

2. This criminal misc. application U/s 482 Cr.P.C. is filed for a prayer to direct the respondent nos. 2 & 3 to ensure expeditious, fair and proper investigation of FIR lodged by applicant against respondent no.4 and ors dated 07.10.2021 bearing case no.0546 of 2021 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S. Meja, District Allahabad.

3. In Sakiri Vasu vs. State of U.P., AIR (2008) SC 907, the Hon'ble Apex Court has held as follows:

"We are of the view that although S. 156 (3) is very briefly worded, there is an implied power in the Magistrate under Section 156 (3)", Cr.P.C. to order registration of a criminal offene and/ or to direct the officer-in-charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3) Cr.P.C., we are of the opinion that they are implied in the above provision."

4. In view of the aforesaid proposition of law, the Magistrate has ample power to give directions as sought for by way of this application.

5. The applicant may move proper application before the learned Magistrate.

6. Hence, application U/s 482 Cr.P.C. is not maintainable and is hereby dismissed.

Order Date :- 26.4.2022

C. MANI