Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7622 of 2021 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pratima Singh,Agni Pal Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
In pith and substance, the petitioner is seeking direction to the respondents to conduct fair investigation in Case Crime No. 0458 of 2021, under Section 363 IPC, P.S. Kotwali Kannauj, District Kannauj and recover Km. Arti Gautam (minor daughter of the petitioner).
According to the petitioner, on 2.7.2021, he lodged the impugned F.I.R. against respondent no. 4 but till date nothing has been done by the police authorities. An apprehension has been shown by the petitioner that either the police is protecting the accused or is not interested to take any action against him. As such, learned counsel for the petitioner prayed for issuance of suitable direction for fair and impartial investigation.
Learned A.G.A. submits that that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.
The writ petition is disposed of directing the second respondent to ensure the investigation of the aforesaid case fairly, impartially and expeditiously, preferably within two months from the date of production of a copy of this order before him.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.
Order Date :- 27.10.2021 A.K.Srivastava