Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6873 of 2021 Petitioner :- Anita Devi Respondent :- . State Of U.P. Through Secretary Home Government Of U.P. L Counsel for Petitioner :- Mohd. Shahanshah Khan Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
"Issue a writ order or direction in the nature of mandamus to the Deputy Insector General of Police, Vindhyachal Mandal, Mirzapur for investigation in Case Crime No. 59 of 2019, under Sections 147, 148, 149, 452, 354 (kh), 323, 504, 506 I.P.C. and Section 3(1)(d), 3 (1) (th) of SC/ST Act, P.S. Kachhawan, District Mirzapur by other than district Mirzapur office in accordance with law within time bound period without any undue delay otherwise petitioner deprived from justice.
(ii) Issue a writ, order or direction to Deputy Inspector General of Police, (respondent no.3) to transfer the investigation of the Case Crime No. 59 of 2019, under Sections 147, 148, 149,452,354(kh), 323, 504,506 I.P.C. and Section Section 3(1)(d), 3 (1) (th) of SC/ST Act, P.S. Kachhawan, District Mirzapur to independent agency within specified period.
Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively not taking action against the accused.
Be that as it may, the petitioner has a remedy under Section 156(3), Cr.P.C. to move an appropriate application before the concerned Magistrate. This legal position has also been clarified by this court vide judgment dated 27.01.2021 in Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and others).
In view of the aforesaid, we do not find any good reason to entertain this writ petition. Therefore, without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of leaving it open to the petitioner to move an appropriate application before the concerned Magistrate under Section 156(3), Cr.P.C. In the event such an application is filed by the petitioner, it is expected that the concerned Magistrate shall proceed in accordance with law.
Order Date :- 12.8.2021 T.S.
Digitally signed by Justice Surya Prakash Kesarwani Date: 2021.08.13 10:23:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Piyush Agrawal Date: 2021.08.13 10:24:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad