Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6268 of 2021 Petitioner :- Paramsukh @ Pappu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Vashistha Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,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 commanding / directing the respondent no. 2 & 3 to conduct the fair and proper investigation within stipulated period in pursuance of the first information report dated 24.04.2021 (Annexure No. 1 to the writ petition), registered as Case Crime No. 078 of 2021, Under Section 302 IPC at Police Station - Shamshabad, District - Fatehgarh.
ii. issue a writ order, or direction in the nature of mandamus commanding the respondent no. 2 & 3 to arrest the respondent nos. 4 & 5, who are the named accused in the first information report dated 24.04.2021 (Annexure No. 1 to the writ petition), registered as Case Crime No. 078 of 2021, Under Section 302 IPC at Police Station - Shamshabad, District - Fatehgarh and also submit the progress report of the investigation before this Hon'ble Court."
Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively not taking action against the accused.
Be that as it may, the petitioner has a remedy under Section 156(3), Cr.P.C. to move an appropriate application before the concerned Magistrate. This legal position has also been clarified by this court vide judgment dated 27.01.2021 in Criminal Misc. Writ Petition No.15692 of 2020 (Ajay Kumar Pandey vs. State of U.P. and others).
In view of the aforesaid, we do not find any good reason to entertain this writ petition. Therefore, without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of leaving it open to the petitioner to move an appropriate application before the concerned Magistrate under Section 156(3), Cr.P.C. In the event such an application is filed by the petitioner, it is expected that the concerned Magistrate shall proceed in accordance with law.
Order Date :- 19.8.2021/Amit Mishra