Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 17473 of 2020 Petitioner :- Vijay Kanti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard counsel for the petitioner and learned A.G.A. for the State.
The writ petition has been filed seeking the following reliefs:-
"(1) Issue a writ order or direction in the nature of mandamus commanding the respondent No. 1 to 3 to conclude the investigation fairly including arrest of accused person/respondent No. 4 in case Crime No. 486 of 2020, under Section 313 I.P.C. Police Station Shivali, District- Kanpur Dehat.
(2) Issue a writ order or direction in the nature of mandamus commanding the respondent No. 1 to 3 to conduct a fair and speedy investigation in case Crime No. 486 of 2020, under Section 313 I.P.C. Police Station Shivali, District-Kanpur Dehat and conclude the same expeditiously."
The Apex Court in Criminal Appeal No.102 of 2011 (M. Subermaniam Vs. Janaki and another) in its order dated 30.03.2020 has observed that the Magistrate under Section 156(3) Cr.P.C. has power to ensure a proper investigation. In any case, he is also competent to monitor the investigation.
Under the circumstances and since petitioner has an adequate statutory remedy available to him under Section 156(3) Cr.P.C. for redressal of his grievance, the writ petition is not liable to be entertained. The petitioner may avail the said remedy for redressal of his grievance in case so advised.
Subject to the above, the writ petition is dismissed.
Order Date :- 6.1.2021 SY