Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 3219 of 2021 Petitioner :- Sarita Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Phool Singh Yadav,Vivek Singh Yadav 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. A writ, order or direction in the nature of mandamus directing the respondent no. 3 to fairly investigate the matter and to take action and arrest the respondent no. 4 who is involved as an accused in Case Crime No.519 of 2020, under Section 379 I.P.C, Police Station- Sigra, District Varanasi.
ii. A writ, order or direction in the nature of mandamus commanding the respondent no. 2 to consider and decide the representation dated 29.01.2020 within some stipulated period."
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 dismissed 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 :- 27.7.2021/vkg