Manoj Kumar Bhartiya vs State Of U.P. And 12 Others
2023 Latest Caselaw 27706 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:194212-DB
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15767 of 2023
 

 
Petitioner :- Manoj Kumar Bhartiya
 
Respondent :- State Of U.P. And 12 Others
 
Counsel for Petitioner :- Alok Kumar Dubey,Saumitra Dwivedi,Sharad Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

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

This is writ petition on behalf of informant Manoj Kumar Bhartiya.

By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 01.05.2023 registered as Case Crime No.88 of 2023, under Section 365 I.P.C., Police Station Kaundhiyara Yamunanagar, District Prayagraj Commissionerate.

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, Allahabad 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 :- 9.10.2023

Rmk.