ANJANI KUMAR MISHRA, DEEPAK VERMA
Satyaprakash – Appellant
Versus
State Of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's request for fair investigation (Para 2 , 3 , 4) |
| 2. magistrate's powers under section 156(3) cr.p.c. (Para 5 , 6 , 7) |
| 3. dismissal of petition with liberty to apply (Para 8) |
JUDGMENT :
1. Heard learned counsel for the petitioner as well as learned A.G.A. 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. 610 of 2021, under Sections 363 , 366 I.P.C., P.S. Gunnor, District Sambhal.
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 Vs. Hemant Yashwant Dhage , (2016) 6 SCC 277 , following its earlier decision in Sakiri Vasu Vs. State of U.P. , (2008) 2 SCC 409 , held as follows:
The main legal point established in the judgment is the applicability of Section 156(3) of Cr.P.C. for seeking directions for a fair investigation in a criminal case.
The main legal point established in the judgment is the emphasis on the alternative efficacious remedy of approaching the Magistrate under the Cr.P.C. for seeking registration of an FIR and ensuring ....
The availability of an alternative efficacious remedy under Section 156(3) Cr.P.C. for seeking proper investigation and action against accused persons, which precludes the filing of a writ petition u....
The petitioner should avail the alternative efficacious remedy under the Cr.P.C. before approaching the High Court with a writ petition.
The main legal principle established is that when an alternative efficacious remedy is available to the petitioner under Section 156(3) Cr.P.C., the court should not entertain the petition.
The main legal point established in the judgment is that the remedy for aggrieved persons seeking the registration of an FIR is to approach the Magistrate under Section 156(3) Cr.P.C. and not to file....
The main legal principle established in the judgment is that the remedy for aggrieved persons seeking FIR registration lies under Section 156(3) Cr.P.C. before the concerned Magistrate, and not throu....
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