Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8037 of 2021 Petitioner :- Arvind Dixit And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sarveshwari Prasad,Rachna Dubey Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present petition has been filed with the following reliefs:-
"I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents no.2,3,4 and 5 to take attentive cognizance register the F.I.R. and conclude fair investigation in accordance with law.
II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to take necessary action accordance with law against the named accused persons (respondent no.6 and 7)."
On a pointed query made by the Court, it is admitted by the learned counsel for the petitioners that an application under Section 156(3) Cr.P.C. has been filed by the petitioners herein before the competent court.
The contention is that the competent Magistrate has yet not issued appropriate order.
In view of the above, we are of the opinion that the writ petition is a wrong remedy availed by the petitioners.
The writ petition is being dismissed, accordingly with the right preserve to the petitioners to avail the appropriate remedy available in law.
Order Date :- 24.9.2021 Radhika