2019 Supreme(Gau) 743

IN THE HIGH COURT OF GAUHATI
Ajai Lamba, Achintya Malla Bujor Barua, JJ.
Minuwara Begum - Appellant
Vs.
State of Assam And Ors. - Respondents
Writ Petition (Civil) No. 7887 of 2019
Decided On : 18-11-2019

The main legal point established in the judgment is that the remedy of approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure is appropriate in cases seeking proper investigation, and a Writ in the nature of Mandamus may not be necessary.

Headnote:

Mandamus - Proper Investigation - The court dismissed the petition seeking a Writ in the nature of Mandamus directing proper investigation in a criminal case, stating that the petitioner has the appropriate remedy of approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure.

Fact of the Case:

The petitioner filed a petition seeking a Writ in the nature of Mandamus directing the respondents to conduct proper investigation in a criminal case where the petitioner was the complainant/informant.

Finding of the Court:

The court found the petition to be frivolous and stated that the petitioner has the appropriate remedy of approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure. The petition was dismissed with liberty to the petitioner to avail appropriate remedy provided in law.

Issues: The main issue was whether the court should issue a Writ in the nature of Mandamus directing proper investigation in the criminal case.

Ratio Decidendi: The court held that the petitioner has the appropriate remedy of approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, and therefore dismissed the petition seeking a Writ in the nature of Mandamus.

Final Decision: The petition seeking a Writ in the nature of Mandamus directing proper investigation was dismissed with liberty to the petitioner to avail appropriate remedy provided in law.