Gulfam vs State Of U.P. And 8 Others
2023 Latest Caselaw 27252 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192252-DB
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14704 of 2023
 

 
Petitioner :- Gulfam
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Kulveer Singh
 
Counsel for Respondent :- G.A.,Abhishe Pandey
 

 
Hon'ble Rahul Chaturvedi,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard Sri Kulveer Singh, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

The present petition has been filed for following reliefs:-

"I. Issue a writ, order or direction in the nature of mandamus directing the respondents Authority to make fair and transparent investigation and take coercive action against the accused i.e. Respondent no. 4 to 9 in pursuance of the First Information Report dated 18.072023, which has been registered, as FIR No. 0401 of 2023 under Section 420 I.P.C., Police Station Deoband, District Saharanpur.

II. Issue a writ, order or direction in the nature of mandamus directing the police Authority to arrest the accused persons and produce before the court concerned in pursuance of the First Information Report dated 18.07.2023 lodged by the petitioner within specified period as stipulated by this Hopn'ble Court."

Submission made by learned counsel for the petitioner is that the police is not taking action against the named accused persons. Learned counsel for the petitioner has relied upon a Division Bench judgment of this Court passed in Criminal Misc. Writ Petition No. 15692 of 2020 (Ajay Kumar Pandey Vs. State of U.P. and 2 others) decided on 27.01.2021 wherein paragraph 17 of the said judgment, the Court has held as under:-

"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."

If such an application is moved before the Chief Judicial Magistrate, Saharanpur, the same shall be decided by a reasoned order directing the Investigating Officer of the case to gear up the unbiased investigation and conclude the same preferably within a period of 60 days and submit its report u/s 173(2) Cr.P.C. in the court of concerned Magistrate.

With the aforesaid observations, the instant writ petition stands disposed off.

Order Date :- 5.10.2023

Rmk.