Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6299 of 2021 Petitioner :- Subi Khatoon Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dharm Jeet Singh,Hari Bans Singh 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 for the following reliefs:-
"i. issue a writ, order or direction in the nature of MANDAMUS commanding the liable respondents to call progress report as well as investigation of Case Crime No. 0233/2019, under section 376, 377, 406 I.P.C. Police Station Nagra, District Ballia, lodged by petitioner in pursuance of First Information Report dated 28.10.2019 against the accused/respondent No. 5.
ii. issue a writ, order or direction in the nature of MANDAMUS commanding the respondent No. 3 & 4 to made fair and just investigation in Case Crime No. 0233/2019, under section 376, 377, 406 I.P.C. Police Station Nagra, District Ballia, in accordance with law and further direct the respondent concerned to arrest the accused/respondent No. 5 in aforesaid mentioned prosecution case."
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 21.01.2021 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 application is filed by the petitioner, it is expected that the concerned Magistrate shall proceed in accordance with law.
Order Date :- 13.8.2021 Pkb/