Rahish Ali @ Rais Ahamad vs State Of U.P. And 3 Others
2023 Latest Caselaw 22952 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:170259-DB
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13360 of 2023
 

 
Petitioner :- Rahish Ali @ Rais Ahamad
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Parvat Singh,Guru Prasad Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard learned counsel for the petitioner and learned A.G.A. Perused the record.

By means of the present petition under Article 226 of the Constitution of India the petitioner is seeking the following prayer :

"(A). Issue a writ, order or direction in the nature of mandamus directing the investigating officer concerned to investigate the matter properly/fair investigation and take appropriate action against the accused person/respondent no.4 according to law, in pursuance of F.I.R. dated 23.6.2023, lodged by the petitioner/informant, registered as Case Crime No.0103 of 2023, u/s 306, 406 I.P.C., Police Station-Sahayal, District Auraiya.

(B). Issue a writ, order or direction in the nature of mandamus directing the respondent authority to act according to law in relation to arrest of accused person/respondent no.4, in pursuance of the F.I.R. dated 23.6.2023, lodged by petitioner/informant in Case Crime No.0103 of 2023, u/s 306, 406 I.P.C., Police Station-Sahayal, District Auraiya."

Petitioner is the informant of the case and the submission of learned counsel for petitioner is that the investigation of the case is not being done in proper and fair manner, as such, a direction in this regard may be issued.

Learned A.G.A., at the outset, has refuted the submission advanced by learned counsel for petitioner and has relied upon the judgment of Co-ordinate Bench of this Court in Ajay Kumar Pandey vs. State of U.P. and others, Criminal Misc. Writ Petition No.15692 of 2020. While deciding the aforesaid case, the Co-ordinate Bench of this Court has observed that :-

"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."

Therefore, if such an application is moved by the petitioner before appropriate Magistrate for proper/fair investigation, the same shall be heard and decided by the concerned Magistrate within next six weeks.

With this observation, the present petition stands disposed off.

Order Date :- 23.8.2023

M. Kumar