Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus directing the concerned investigation officer to conclude the investigation of Case Crime No.0190 of 2018, under Sections 120-B, 406, 408 of I.P.C., Police Station Gulaothi, District Bulandshahar in proper and fair manner within a time bound period.
(ii) issue a writ, order or direction in the nature of mandamus by directing the Respondent no.3 to submit status report before the Chief Judicial Magistrate, Bulandshahar in pursuance to the notice dated 17.9.2020.
(iii) issue a writ, order or direction passing an appropriate order for cancelling the stay of arrest granted vide order dated 25.9.2018 in favour of respondent nos.4 and 5 in Criminal Misc. Writ Petition No.26726 of 2018 (Sri Lalit Rustagi and another Vs. State of U.P. and 3 others)."
Facts of the case prima-facie disclose that F.I.R. No.0190 of 2018 dated 27.4.2018 was lodged in relation to an alleged offence dated 1.7.2014, under Sections 408, 406, 120-B I.P.C., P.S. Gulaothi, District Bulandshahar.
It appears that Lalit Rustagi and another have filed a Criminal Misc. Writ Petition No.26726 of 2018 which was disposed of vide order dated 25.9.2018 and an interim protection was provided directing that Lalit Rustagi and another i.e. the petitioners of that writ petition (Criminal Misc. Writ Petition No.26726 of 2018) shall not be arrested in Case Crime No.190 of 2018 till submission of police report under Section 173(2) Cr.P.C. but they shall co-operate in the investigation of the case.
Since, investigation was not proceeding, therefore, the petitioners moved an application dated 30.7.2020 before C.J.M., Bulandshahar in the above noted Case Crime No.190 of 2018.
It appears that court of C.J.M., Bulandshahar passed orders dated 17.9.2020 and 30.9.2020 and yet the I.O. has not complied the orders. However, the I.O. submitted a report dated 30.9.2020 that accused could not be traced and investigation is going on.
This Court vide judgment and order dated 27.1.2021 in Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey Vs. State of U.P. and others) has held that the powers of the Magistrate under Section 156(3) Cr.P.C. are very wide and he can direct for fair and proper investigation and can also recommend the Superintendent of Police to change the Investigating Officer if the investigation is not being properly carried.
In view of the aforesaid, we dispose of this writ petition with liberty to the petitioner to approach the Chief Judicial Magistrate concerned and move an appropriate application before him for fair and proper investigation in the aforesaid case crime. In the event, such an application is moved, it is expected that concerned Magistrate shall take appropriate action in accordance with law and pass appropriate orders.
Order Date :- 29.1.2021 Kpy