Rani Devi Lodh v. Principal Secretary, Ministry of Home Affairs.
2015-10-08
ARVIND KUMAR MISHRA, V.K.SHUKLA
body2015
DigiLaw.ai
JUDGMENT V.K. Shukla and Arvind Kumar Mishra-I,JJ. 1. Smt. Rani Devi Lodh is before this Court and prayer that has been made by her before this Court is for issuing a writ in the nature of mandamus directing respondent no.3 to make further investigation and effectuate the arrest of the accused-respondent no.4, 5 and 6 pursuant to the FIR dated 20.11.2012 bearing Case Crime No.715 of 2012 under Sections 376, 506, 120B IPC at police station Kokhraj, district Kaushambi. 2. We have proceeded to examine the record in question that has been so appended before us and the record in question so appended clearly reflects that earlier Investigating Agency in question in its wisdom after concluding the investigation in question has proceeded to submit final report no.163 of 2012. Against said submission of final report, petitioner has proceeded to file protest petition and on the said protest petition, Chief Judicial Magistrate, Kaushambi on 24.08.2015 has proceeded to pass an order wherein protest petition has been allowed and final report dated 19.12.2012 has been turned down and Station House Officer, Manjhanpur has been directed to carry out further investigation and further direction has been issued that outcome of the said investigation should be apprised to the concerned court. 3. Once such is the factual situation that Chief Judicial Magistrate, Kaushambi has proceeded to pass a categorical order asking Station House Officer, Manjhanpur to carry out further investigation and apprise the concerned court about outcome of the investigation in question then there is no occasion or reason for the petitioner to approach this Court for a direction as mentioned in the prayer clause. 4. Consequently, in the facts of the case we proceed to pass an order and dispose of writ petition with the direction that in case petitioner has any grievance that there is inaction on the part of Station House Officer, Manjhanpur in not carrying out further investigation as directed by Chief Judicial Magistrate, Kaushambi then an appropriate application can always be moved by the petitioner before Chief Judicial Magistrate, Kaushambi or any court of the competent jurisdiction and it is also expected that the said application shall be dealt with and decided in accordance with law. 5. With these directions/observations, present writ petition stands disposed of.