Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7283 of 2018 Petitioner :- Rakesh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Atul Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
This petition for writ is preferred to have a writ in the nature of mandamus for respondent no. 3 to further investigate the matter arising out of the First Information Report dated 7th August, 2017 in Case Crime No. 165 of 2017 pertaining to the offence under Sections 452, 376 and 506 I.P.C. and Section 3(2)(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending investigation at Police Station Parsa Malik, District Maharajganj.
As per the petitioner, the statement given by the prosecutrix and Sri Om Prakash said to be an eye witness are sufficient to include all the persons named in the F.I.R. as accused chargesheeted. The investigating agency, as per learned counsel, has excluded certain persons from the array of accused persons.
Having considered the argument advanced and the contents of the writ petition, we do not find any just reason to interfere with the matter in extraordinary jurisdiction of this Court. The eventualities pointed out by learned counsel can very well be agitated under the provision of Code of Criminal Procedure itself. The writ petition, hence, is dismissed.
Order Date :- 27.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)