Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12768 of 2021 Petitioner :- Brijesh @ Shailendra Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Shailesh Kumar,Amar Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed with prayer to direct the respondents no.2 and 3 to register the FIR/criminal case against the respondent no.4, 5 and 6 on the written report of the petitioner and they may be arrested and sent to jail. Further prayer is made to issue a mandamus commanding the respondents no.2 and 3 to decide the representation dated 17.01.2021 and 21.01.2021 moved by the petitioner.
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 co-ordinate Bench of 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 off 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 :- 24.12.2021 Ashish Pd.