Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24512 of 2019 Petitioner :- Adeeba Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- S. Kamal Akhtar Khan,Mahesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners and Sri Rajesh Mishra, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of mandamus directing the Senior Superintendent of Police, Moradabad to direct the Investigation Officer (respondent no.3) to conclude the just and fair investigation of case crime no.56 of 2019; under Sections 354(B), 498-A, 504, 506, 323 IPC; 3/4 D.P. Act and 3/4 Muslim Women (Protection of Right on Marriage), 2019; Police Station Mahila Thana; District Moradabad within any stipulated period.
From the perusal of record it reveals that petitioner is the first informant of the above mentioned case and wife of respondent no.4. Earlier respondent nos. 4 to 11 had filed Criminal Misc. Writ Petition No.22510 of 2019 which was disposed of finally on 17.10.2019 by another Bench of this Court with a direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.
The contention of learned Counsel for the petitioner in the present writ petition is that in pursuance of said order, the Police Authorities are not even doing the investigation as per provisions of Cr.P.C.
Looking to the nature of controversy, the writ petition is finally disposed of with a direction that the Police Authorities will complete investigation in pursuance of earlier order dated 17.10.2019 passed in Criminal Misc. Writ Petition No.22510 of 2019 as expeditiously as possible.
Order Date :- 28.11.2019 I.A.Siddiqui