Ajay Kumar @ Gore Lal vs State Of U.P. And 5 Others
2023 Latest Caselaw 23460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:172260-DB
 
Court No. - 67
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13509 of 2023
 
Petitioner :- Ajay Kumar @ Gore Lal
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Sudhakar Yadav,Ranu Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard learned counsel for the petitioner as well as learned A.G.A.

This is the writ petition on behalf of the petitioner/first informant seeking fair investigation in pursuance of FIR dated 25.01.2023 case crime no.43 of 2023 under sections 363, 366, 354, 342 IPC and Section 7/8 of POCSO Act, police station-Jhunsi, District-Prayagraj within the stipulated period.

Learned A.G.A., at the outset, has refuted the submissions made by learned counsel for the petitioner and has relied upon the judgment of co-ordinate Bench of this Court in the case of Ajay Kumar Pandey Vs. State of U.P. and others in Criminal Misc. Writ Petition No.15692 of 2020 along with 34 other connected cases. While deciding the aforesaid appeals, co-ordinate Bench of this Court has opined 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 before the appropriate Magistrate, the same shall be heard and decided by the concerned Magistrate within ten days from the filing of the said application by a well reasoned order.

With the aforesaid observations, the present petition stands disposed of.

Order Date :- 25.8.2023

Sumit S