The Allahabad High Court ruled that the Magistrate is empowered to monitor the investigation for kidnapping, abducting or inducing women to compel her marriage.
The petition was filed for seeking direction to the respondent authorities to conclude the fair investigation of Case, under Sections 363, 366 I.P.C, Sambhal.
Advocate Mohammad Khalid and advocate Pawan Kumar Yadav, appearing for the petitioner, argued 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.
The division bench of Justice Anjani Kumar Mishra and Justice Deepak Verma noted that the petitioner is aggrieved by the manner of investigation said to have been conducted against private respondents.
The court relied on the Supreme Court’s decision in the case of Sudhir Bhaskarrao Tambe v/s Hemant Yashwant Dhage which said that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C. and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation.
The court stated that the power of the Magistrate to monitor investigation in exercise of his power under section 156 (3) Cr.P.C. has also been recognized in the decision of the Apex Court in the case of T.C. Thangaraj vs. V. Engammal, (2011) 12 SCC 328 : (2012) 1 SCC (Cri) 568.
The court in light of the above case laws disposed off the petition with liberty to the petitioner to invoke the power of the Magistrate available under the Code of Criminal Procedure in the light of the law laid down by the Apex Court.
Case title: Satyaprakash v/s State of U.P. and Ors.
Citation: CRIMINAL MISC. WRIT PETITION No. 23 of 2022