Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17433 of 2020 Petitioner :- Rinky Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Kumar Singh 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:-
"A. Issue a writ order or direction in the nature of mandamus commanding and directing to the respondents to ensure the fair investigation and also direct to respondents to submit progress report in pursuance of F.I.R. dated 20.6.2020, in case crime no. 624 of 2020, under section 323, 328, 376, 506 I.P.C., Police Station- Baradari, District-Bareilly.
B. Issue a writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
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 :- 6.1.2021 Mayank