Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17447 of 2020 Petitioner :- Jaikaran Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard counsel for the petitioner and learned A.G.A. for the State.
The writ petition has been filed seeking the following reliefs:-
"I. To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to direct the respondent no. 3 for conducting the fair and transparent in case crime no. 0242 of 2020, under section 306 I.P.C., police station thariyaon, district-fatehpur, expeditious investigation in the present case, in the interest of justice.
II. To issue a writ order or direction in the nature of mandamus directing the police authorities to arrest the accused persons, respondent no. 4 to 6 in the pursuance of first information report dated 13-10-2020, registered as case crime no. 0242 of 2020, under section 306 I.P.C., police station thariyaon, district- fatehpur."
The Apex Court in Criminal Appeal No.102 of 2011 (M. Subermaniam Vs. Janaki and another) in its order dated 30.03.2020 has observed that the Magistrate under Section 156(3) Cr.P.C. has power to ensure a proper investigation. In any case, he is also competent to monitor the investigation.
Under the circumstances and since petitioner has an adequate statutory remedy available to him under Section 156(3) Cr.P.C. for redressal of his grievance, the writ petition is not liable to be entertained. The petitioner may avail the said remedy for redressal of his grievance in case so advised.
Subject to the above, the writ petition is dismissed. Order Date :- 6.1.2021 Mayank