Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16006 of 2020 Petitioner :- Meena Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned AGA for the State- respondents.
By means of this writ petition, petitioner has sought for the following reliefs:-
(i) Issue an order or direction in the nature of mandamus directing the respondent no. 3 to arrest the accused persons in pursuance of the FIR dated 26.09.2020, registered as Case Crime No. 522 of 2020, under Section 306 IPC, P.S. Nawabganj, District Bareilly.
Contention of learned counsel for the petitioner is that the police is acting in collusion with the accused persons and as yet neither the accused persons have been arrested nor any charge sheet has been filed against the accused persons.
Admittedly, petitioner is aggrieved by the manner of investigation said to have been conducted against respondent nos. 4 & 5 pursuant to FIR lodged by him.
Learned AGA opposed the prayer of the petitioner by contending that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the proper remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, the writ petition is finally disposed of with a direction the respondents no. 3 to ensure a fair and proper investigation in the aforesaid FIR and conclude the same preferably within a period of three months from the date of production of a copy of this order.
Order Date :- 5.1.2021/RavindraKSingh