Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5978 of 2021 Petitioner :- Smt. Neelam Devi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shivank Saxena,Shiv Shankar Kaithal Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The main prayer made in the instant petition is for a mandamus commanding respondent nos. 2 and 3 to make fair and proper investigation in Case Crime No. 19 of 2021, under Section 147, 354, 452, 504, 506, 427 I.P.C., 9m/10 POCSO Act and 3 (1) Da & 3 (1) dha of S.C./S.T. Act, Police Station Firozabad South, District Firozabad and effect arrest of respondent nos. 4 to 9.
As regards the first relief, the petitioner has an efficacious remedy of approaching learned Magistrate under Section 156(3) CrPC as held by Division Bench of this Court in its judgment dated 27.1.2021 in Criminal Misc. Writ Petition No. 15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and 2 others).
The other prayer for a direction to effect arrest of respondent nos. 4 to 9 is wholly misconceived. Whether the accused or any other person should be arrested or not depends on the wisdom of the investigating agency to be arrived at after taking into consideration various relevant factors in that regard. No blanket order for effecting arrest of any person could be issued in exercise of writ jurisdiction.
The writ petition is accordingly dismissed, subject to the liberty granted to the petitioner to approach learned Magistrate under Section 156(3) CrPC.
(Mohammad Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 13.8.2021 Shiraz