Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6999 of 2021
Petitioner :- Rajesh Rajbhar
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar 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 prayers made in the instant petition is for a mandamus commanding respondent no. 2 and 3 to conduct free and fair investigation in Case Crime No. 212 of 2020 under Sections 363, 366 I.P.C., police station Didarganj, District Azamgarh and also effect the arrest of respondent no. 4 in the said case.
As regards the first relief claimed in the writ petition, 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 no. 4 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 disposed of with liberty granted to the petitioner to approach learned Magistrate under Section 156(3) CrPC.
(Mohammad Aslam, J.) (Manoj Kumar Gupta, J.)
Order Date :- 19.8.2021 Shiraz