Chhedi Seth vs State Of U.P. And 3 Others
2023 Latest Caselaw 23858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174656-DB
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13709 of 2023
 

 
Petitioner :- Chhedi Seth
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Surya Bhan Dubey,Madhu Singh
 
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.for the State

This is the writ petition on behalf of the petitioner who is informant of the FIR dated 05.06.2023 registered as case crime no. 269 of 2023 under Sections 363, 376(Gha)(Ka), 376(Ka), 506, 120B IPC and Section 5G/6 POCSO Act, P.S. Chaubepur, District Varanasi with the following prayer:-

i) Issue a writ, order or direction in the nature of mandamus commanding and directing the the respondent no. 2 and 3 to ensure the fair investigation in pursuance of the first information report dated 05.06.2023 in case crime no. 269 of 2023 under Sections 363, 376(Gha)(Ka), 376(Ka), 506, 120B IPC and Section 5G/6 POCSO Act, P.S. Chaubepur, District Varanasi and call for progress report from the respondents.

ii) Issue a writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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 next six weeks by passing a well reasoned order.

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

Order Date :- 29.8.2023

Abhishek Sri.