Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16596 of 2020 Petitioner :- Smt. Ramvati Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Ajay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard counsel for the petitioner and learned A.G.A. for the State.
The writ petition has been filed seeking the following reliefs:-
"(I) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to take appropriate action against the respondent no.4 to 10 fairly and properly investigate the matter.
(II) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to investigate the matter fairly and proper manner and arrest to the respondent no.4 to 10 by which justifice may be done to the informant and his family."
The Apex Court in Criminal Appeal No.102 of 2011 (M. Subermaniam Vs. Janaki and another) in its order dated 30.03.2020 has observed that the Magistrate under Section 156(3) Cr.P.C. has power to ensure a proper investigation. In any case, he is also competent to monitor the investigation.
Under the circumstances and since petitioner has an adequate statutory remedy available to him under Section 156(3) Cr.P.C. for redressal of his grievance, the writ petition is not liable to be entertained. The petitioner may avail the said remedy for redressal of his grievance in case so advised.
Subject to the above, the writ petition is dismissed.
Order Date :- 8.1.2021 RKM