Pratap v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4094 of 2023 Petitioner :- Pratap Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ravi Prakash Singh Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Ravi Prakash Singh, learned counsel for the petitioner as well as Sri Badrul Hasan, learned A.G.A. for the State-opposite party Nos. 1 to 3 and perused the record.

¶2The instant petition has been filed with the following relief (s): "(i) issue a writ, order or direction in the nature of Mandamus directing the Opposite Parties particularly opposite party No.2 i.e. Superintendent of Police, Shrawasti to monitor the investigation and ensure the free and fair investigation of the FIR/Case Crime No. 31/2023, under Sections 397, 304 I.P.C., Police Station Gilaula, District Shrawasti at an earliest in accordance with law.

(ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 i.e. Superintendent of Police, Shrawasti to take all appropriate action upon the application of petitioner moved on 1.4.2023 and secure the life and liberty of the petitioner and his family members (as contained in Annexure No.4 to this petition).

(iii) issue a writ, order or direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of this case.

(iv) award the cost of the writ petition in favour of the petitioner."

¶3Learned 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).

¶4In 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 disposed of leaving it open to the petitioner to move an appropriate application before the concerned Magistrate. 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 :- 08.06.2023 Arvind High Court of Judicature at Allahabad, Lucknow Bench