Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6127 of 2021 Petitioner :- Tarun Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mool Chandra Maurya 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, order or direction in the nature of writ of MANDAMUS commanding the Respondents authorities to arrest the Respondent Nos. 4 to 6 immediately, because they have committed cognizable offence and investigating officer may be summoned before this Hon'ble Court to submit the progress report of the First Information Report dated 16.06.2021 as case crime no. 0104 of 2021 under section 366 of I.P.C., Police Station- Malawan, District Etah.
B. Issue a writ, order or direction in the nature of writ of MANDAMUS commanding the Respondent authorities to proceed for issuance coercive measures under Section 82 and 83 of Cr.P.C. to effect the arrest of the Respondent Nos. 4 and 5, who are evading the arrest in collusion with the investing officer in First Information Report 16.06.2021 registered as case crime no. 0104 of 2021 under section 366 of I.P.C., Police Station- Malawan, District Etah."
Learned counsel for the petitioner submits that moulding the relief a direction may be issued for fair investigation in relation to the first information report No.0104 of 2021, under Section 366 of I.P.C. P.S. Malawan, District - Etah as 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 :- 12.8.2021/vkg