Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6333 of 2021 Petitioner :- Rajendra Prasad Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navaneet Kumar Shukla,Nitin Sharma 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 an appropriate writ, order or direction in the nature of mandamus commanding the respondents concerned to ensure free and fair investigation of the present case crime no. 0076 of 2021, Under Section 420, 467, 468, 471 I.P.C., Police Station Brahampuri, District Meerut within the suitable time period stipulated by the Hon'ble Court.
ii. Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 3/Investigating Officer to arrest the accused/respondent no. 4."
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 dismissed 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 application is filed by the petitioner, it is expected that the concerned Magistrate shall proceed in accordance with law.
Order Date :- 13.8.2021 Pkb/