Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6984 of 2021 Petitioner :- Sanjeev Tripathi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Bhavisya Sharma 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:
"i) issue a writ, order or direction in the nature of Mandamus commanding/directing to the respondent nos. 2 to 4 to ensure the fair investigation in pursuance of the First Information Report dated 18.10.2019 in Case Crime No. 783 of 2019, under Section 364 I.P.C., Police Station - Auraiya, District - Auraiya;
ii) Issue a writ, order or direction in the nature of Mandamus directing/commanding the respondents police authorities to recover the elder brother of the petitioner namely Suresh Chandra Tripathi;
iii) Issue a writ, order or direction in the nature of Mandamus directing/commanding the respondents police authorities to make the arrest of the private respondents and further to submit the progress report before this Hon'ble Court."
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 of 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 :- 23.9.2021 Amit Mishra