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2023 Supreme(All) 172

ANJANI KUMAR MISHRA, GAJENDRA KUMAR
Lakhami Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dheeraj Kumar Tiwari, Javed Alam.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned AGA for the State-respondents.

2. The present petition has been filed seeking direction to the respondent authorities to conclude the fair investigation of Case Crime No. 445 of 2022, under Sections 328, 304 IPC, Police Station Anoopshahar, District-Bulandshahr.

3. Contention of learned counsel for the petitioner is that the police is acting in collusion with the accused persons and as yet neither the accused persons have been arrested nor any charge sheet has been filed against the accused persons.

4. Admittedly, petitioner is aggrieved by the manner of investigation said to have been conducted against private respondents.

5. The apex court in the case of Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277, following its earlier decision in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409, held as follows :

    "2. This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the C

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