Allahabad High Court
Kashinath Ram vs State Of U.P. And 3 Others on 18 September, 2023
Bench: Rahul Chaturvedi, Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:180705-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 14685 of 2023
Petitioner :- Kashinath Ram
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Noor Mohammad,Afzal Husain
Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard learned counsel for the petitioner and learned AGA for the State. Perused the record.
2. The petitioner is informant of Case Crime No. 256 of 2023, under section 406, 386, 506 IPC, Police Station Colonelganj, District Nagar Commissionerate, Prayagraj and prays the following prayer;
"(i) to issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to conduct fair and impartial investigation in pursuance of the impugned First Information Report dated 17.05.2023 registered as Case Crime No.0256 of 2023, under Sections 406, 396, 506 IPC, Police Station Colonelganj, District Nagar Commissionerate, Prayagraj.
(ii) to issue a writ, order or direction in the nature of Mandamus directing the respondent authorities to arrest the respondent no.4/accused in pursuance of the impugned First Information Report dated 17.05.2023 registered as Case Crime No.0256 of 2023, under Sections 406, 396, 506 IPC, Police Station Colonelganj, District Nagar Commissionerate, Prayagraj.
(iii) to issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 2 and 3 to ensure the investigating officer fair and impartial investigation and furthermore take stringent action against the respondent no.4 for stalling the investigation pursuance to impugned First Information Report dated 17.05.2023 registered as Case Crime No.0256 of 2023, under Sections 406, 396, 506 IPC, Police Station Colonelganj, District Nagar Commissionerate, Prayagraj."
3. We have perused the prayer and pleadings of the case. There is a judgment of the Division Bench of this Court in the case of Ajay Kumar Pandey Vs. State of U.P. and two others passed in Criminal Misc. Writ Petition No.15692 of 2022 on 27.01.2020. Para no.17 of the judgment is as under:-
"17. In our opinionSection 156(3)Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police.Section 156(3)Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation."
4. In view of the above, if such an application is moved, under section 156(3) Cr.P.C. before the court concerned, the same shall be decided by a reasoned order within a period of next 15 days from its filing.
5. With these observation, the writ petition is disposed of.
Order Date :- 18.9.2023
SFH
