Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6129 of 2021 Petitioner :- Ram Achal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Piyush Kant Vishwakarma 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:
"(A) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2 Superintendent of Police, Jaunpur to transfer/hand over the investigation of case crime no.114 of 2021 under section 302 I.P.C. Police Station Mugra Badshahpur, District Jaunpur from Sri Santosh Kumar, Investigating Oficer to the concerned Criminal Investigation Department (C.I.D.).
(B) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2 Superintendent ot Police, Jaunpur to inquire the role of Station House Officer, Mugra Badshahpur for not registering forthwith F.l.R. (Annexure No.2 to this writ petition) of the murder case after receiving information from the petitioner and role of Investigating Officer in releasing accused Rajan Singh after his arrest and take action against them according to the law."
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 off 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 :- 12.8.2021 NLY