Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 22984 of 2018 Petitioner :- Aatma Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Usha Srivastava,Vinod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the parties.
Following order was passed by this Court in this case on 24.09.2018 :-
"Following order was passed by this Court in this case on 20.09.2018 :-
"Heard learned counsel for the petitioner and learned A.G.A. for the State.
Following order was passed by another coordinate Bench of this Court on 07.09.2018 :-
"Heard learned counsel for the petitioner and learned A.G.A. for the State.
Following order was passed by another coordinate Bench of this Court on 23.08.2018 :-
"Heard learned counsel for the petitioner and learned A.G.A.
Learned counsel for the petitioners contends that the minor daughter of the petitioner has been abducted for which first information report was lodged by the petitioner on 29.01.2018 in spite of first information report being lodged, the police has not even started investigation.
Learned A. G. A. prays for and is granted two weeks time to obtain the instructions in the matter.
List on 6.9.2018.
Copy of the order be given to learned A.G.A. for ensuring necessary compliance."
When this matter was taken up today, learned A.G.A. informed us that the instructions which have been received by him, are wholly incomplete and it transpires that the matter is not being investigated properly.
In view of the above, we direct that the matter be listed again on 20.09.2018.
List on 20.09.2018.
On that date, the Investigating Officer of this case shall appear before this Court in person along with the case diary."
This matter was taken up. Learned A.G.A. made request for adjournment on the ground that his office failed to communicate the order of this Court dated 07.09.2018 to the Investigating Officer.
He further submitted that Investigating Officer shall positively appear before this Court on Monday i.e. on 24.09.2018.
As prayed by learned A.G. A., put up on 24.09.2018.
On that date, the Investigating Officer of this case shall appear before this Court in person along with case diary.
A copy of this order shall be provided to learned A.G.A. today."
In compliance of the order dated 20.09.2018, S.I. Dinesh Kr. Bharti, the Investigating Officer of this case appeared before this Court and informed us that he had been given the investigation of this case on 17.09.2018. He made a prayer that he may be granted a month's time to investigate the case and recover the missing girl.
In view of the above, let this matter be listed on 30.10.2018.
On that date, S.I. Dinesh Kr. Bharti, the Investigating Officer of this case shall again appear before this Court in person and file his progress report.
A copy of this order shall be provided to learned A.G.A. for necessary compliance."
When this matter was taken up today, the Investigating Officer of this case appeared before us again and informed us that Shivani Rajput along with co-accused Samir Pratap Singh had filed Criminal Misc. Writ Petition No. 27840 of 2018 before this Court in which her statement was recorded on 04.10.2018 wherein she categorically stated that she is major and on her own free will, she had left her parental home and had entered into matrimonial alliance with Samir Pratap Singh and on the basis of the statement made by her, this Court had passed an interim order directing that no coercive action shall be taken against Shivani Rajput and Samir Pratap Singh. Copy of the aforesaid order dated 04.10.2018 passed by this Court in Criminal Misc. Writ Petition No. 27840 of 2018 was produced before us and the same is kept on record.
In view of the above, this writ petition which has been filed by the informant for fair investigation has become infructuous and is accordingly dismissed as such.
Order Date :- 30.10.2018 KS