Mohd. Akhlaq v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4470 of 2023 Petitioner :- Mohd. Akhlaq Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. And Others Counsel for Petitioner :- Manisha Trivedi Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Manisha Trivedi, 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 commanding the opposite party no.2 to transfer the investigation of Crime No. 208/2023, under Sections 419, 420, 467, 468 I.P.C. registered at Police Station Raunahi District Ayodhya to any other police station of the District Ayodhya or to a premier agency of the prosecution preferably Central Bureau of Investigation, CBCID or Crime Branch for making free and fair investigation.

(II) Issue any other writ, order or direction in the nature and manner which this Hon'ble Court deems fit and proper in the circumstances of the case.

(III) Award the cost of the 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 :- 09.06.2023 Arvind High Court of Judicature at Allahabad, Lucknow Bench