Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16665 of 2020 Petitioner :- Rizvan Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Irfan 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:-
"(1) Issue a writ, order or direction in the nature of mandamus commanding the respondents to direct the concern authority to arrest the accused persons and conducted the investigation by an independent agency for fair and impartial investigation in pursuance of first information report dated 27.08.2020 registered as case Crime No. 287 of 2020 under Sections 147,323,308,452,506 I.P.C., Police Station- Bilaspur, District- Rampur."
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 SY