Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17451 of 2020 Petitioner :- Mithilesh Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kamlesh 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:-
"(1) Issue a writ order or direction in the nature of mandamus directing to respondent No. 2 to issue necessary direction to monitor the investigation of Case Crime No. 0585 of 2020 under Section 420, 467, 468, 471 I.P.C. and direct to the investigation officer to conduct the fair and impartial investigation of aforesaid case.
(2) Issue a writ, order or direction in the nature of mandamus directing to the respondent NO. 3 to arrest the accused persons i.e. respondent No. 4 to 8 in connection of aforesaid case and send them under judicial custody and further to submit the police report under Section 173(2) Cr.P.C."
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 SY