Court No. - 65
Case :- MATTERS UNDER ARTICLE 227 No. - 8780 of 2017 Petitioner :- Asha Ram Respondent :- State of U.P. and Another Counsel for Petitioner :- Sanjay Kumar Srivastava,Pradeep Srivastava Counsel for Respondent :- G.A.,Ramesh Chand Yadav
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.K.Srivastava, learned counsel for the petitioner and Sri Abhinav Prasad, learned A.G.A. for the State and also perused the record.
The petitioner, through the present writ petition has invoked the inherent jurisdiction of this Court with a prayer for quashing the impugned order dated 16.10.2017 passed by the Addl. Session Judge, Judge, Court No.1, Jhansi in Criminal Revision No.56 of 2017 (Brijesh Vs. State of U.P.). It is further prayed that direction may be is directed the concerned police officer for fair investigation in Case Crime No.219/15, under sections 279,337,338,304-A I.P.C.,Police Station Gursarai, District Jhansi.
Learned counsel for the petitioner contended that the the report was lodged by opposite party no.2 against unknown person alleging that his nephew sustained serious head injury while driving his motorcycle and he was immediately taken to hospital where he succumbed to his injuries during the course of treatment. It is next contended that the inquest report of the deceased was prepared and post mortem was conducted by the doctor.It is also contented that the investigating officer without properly investigatmg the mater submitted the final report.Thereafter protest petition was filed before the Magistrate which was allowed and directed Magistrate for proper investigation of the case. The police again submitted the final report. .
The petitioner filed criminal revision before the court below which was dismissed on 16.10.2017, hence the present petition.
It is contented that it was a case of murder and not an accidental death. It s next contended that the court below has not properly considered the submissions advanced by the petitioner and also not appreciated the evidence while rejecting the revision.
In view of the above, the impugned order dated 16.10.2017 passed in the aforesaid case is hereby set aside and consequently the petition is allowed..
However,considering the submissions advanced by learned counsel for the petitioner, the court below is directed to pass fresh order in accordance with law after providing him sufficient opportunity of hearing,within three months from the date of production of certified copy of the order.
With the above direction, this petition is finally disposed off.
Order Date :- 27.11.2019 IA