Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6151 of 2021 Petitioner :- Prakash Chand Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mandeep Singh Counsel for Respondent :- G.A.,Sanjay Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned A.G.A for the State respondents.
Present writ petition has been filed with request to issue direction to the respondents to lodge first information report at Police Station Sikandrabad, District Bulandshahr and to ensure fair, impartial and proper investigation of the case.
An objection has been raised by Shri Gyan Prakash, learned Additional Solicitor General of India assisted by Shri Sanjay Kumar Yadav, Advocate appearing for Central Bureau of Investigation that brother of the petitioner committed suicide in District Jail, Bulandshahr on 25.5.2019. Earlier, the petitioner moved an application under Section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Bulandshahr on 25.6.2019 for lodging the first information report and the same was rejected by the Court below on 20.9.2019. Without challenge to the order dated 25.6.2019 passed on the application under Section 156 (3) Cr.P.C., which has been affirmed by the Additional Sessions Judge, Court No.12, Bulandshahr on 20.3.2021, the relief, as has been prayed for, cannot be accorded and the writ petition is liable to be dismissed.
Confronted with this situation, learned counsel for the petitioner fairly states that the present writ petition may be dismissed as not pressed with liberty to avail the remedy as available in law.
Accordingly, the writ petition is dismissed as not pressed.
Order Date :- 28.10.2021 RKP