'X' Case Crime No. 1047/2023 vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 6075 ALL

Allahabad High Court

'X' Case Crime No. 1047/2023 vs State Of U.P. Thru. Addl. Chief Secy. ... on 29 February, 2024

Bench: Rajan Roy, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:18669-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1485 of 2024
 

 
Petitioner :- 'X' Case Crime No. 1047/2023
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Govt. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- M.K. Dixit
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Narendra Kumar Johari,J.

Counsel for the petitioner shall redact the name and other details of the victim who has been arrayed as petitioner and write 'X' Case Crime No. 1047/2023 during course of the day. Office shall also make necessary corrections in the computer records.

Heard.

By means of this petition the petitioner, who is the informant, is seeking a writ of mandamus directing the opposite parties to investigate the matter judiciously, fairly, etc. and conclude the investigation of case Crime No. 1047/2023, under Sections 376, 328, 323, 504, 506 IPC registered at Police Station Kotwali, District Unnao in a time bound manner.

Counsel for the petitioner says that due to order of this Court dated 22.01.2024 passed in Criminal Misc. Writ Petition No. 481 of 2024 investigation is the matter is not being conducted properly. She is aggrieved by the pace and manner of the investigation.

The order dated 22.01.2024 passed in Criminal Misc. Writ Petition No. 481 of 2024 does not stop investigation in the matter as is evident from its bare reading, which can go on. Petitioner should approach the Superintendent of Police, Unnao raising her grievance, who shall get the matter inquired and do the needful as per law. However, if the petitioner is still aggrieved that is in spite of the aforesaid, she may approach the jurisdictional Judicial Magistrate in this regard in view of the judgment of Hon'ble the Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh and others; (2008) 2 SCC 409.

With the aforesaid observations/directions, the petition is disposed of.

[Narendra Kumar Johari, J.] [Rajan Roy, J.]

Order Date :- 29.2.2024

Santosh/-