Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4712 of 2021 Petitioner :- Smt. Shayara Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Srivastava 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:
"A. Issue a writ or direction in the nature of mandamus directing the respondent no. 3 i.e. Senior Superintendent of Police, District Mathura to take the appropriate action in view of the first information report dated 17.04.2021 registered as case crime No.124 of 2021 under section 376,384,506 I.P.C, Police Station- Govind Nagar, District- Mathura as the respondent no. 4 due to influence of some political pressure is not taking the proper action against the accused persons i.e. respondent no.5 and other persons.
B. Issue a writ order or direction in the nature of mandamus directing the respondent no.3 & 4 to take the appropriate action in view of the first information report dated 17.4.2021 lodged by the petitioner, registered as case crime no. 124 of 2021 under section 376, 384, 506 I.P.C, Police Station- Govind Nagar, District – Mathura and also direct the respondent no.3 i.e. Superintendent of Police, District Mathura to transfer the investigation of the aforesaid case crime form the present investigating officer to another investigating officer belongs from different Police Station, so that the fair investigation may be done."
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