Shiv Kanya v. State of U.P. and 15 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18994 of 2023 Petitioner :- Shiv Kanya Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Manoj Kumar Srivastava,Pramod Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Heard learned counsel for the petitioner and learned AGA for the State. We are not inclined to entertain the present writ petition instituted with the prayer to direct the respondents to conduct fair investigation in view of the fact that the FIR registered as Case Crime No.118 of 2023, under Section 395, 504, 506 IPC & Section 3(2)(5) SC/ST Act, Police Station Raipura, District Chitrakoot, has been lodged only on 4.10.2023. There is hardly any delay in the matter, which may require any interference by this Court. The remedy of the petitioner would be to approach the concerned Magistrate under section 156 Cr.P.C., if a fair investigation is not concluded, expeditiously. Leaving it open for the petitioner to pursue such remedy, as per law, before the concerned Magistrate, this writ petition is consigned to records. Order Date :- 7.12.2023 Anil High Court of Judicature at Allahabad