Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26462 of 2018 Petitioner :- Amar Chaurasiya Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Pratap Singh learned counsel for the petitioner, Sri A. R. Chaurasia, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondents to ensure the free and fair investigation of the Case Crime No. 113 of 2018, under Sections 302, 201 I.P.C., Police Station Haliya, District Mirzapur.
Learned counsel for the petitioner submits that the petitioner is the informant of the case and he has lodged the present F.I.R. against the respondent nos. 4 to 6 for the offence in question. It is stated that the case has been converted under Section 306 I.P.C. and no statement of petitioner was recorded u/s 161 Cr.P.C.. He further submits that no post-mortem was conducted and dead body of the deceased was disposed of without the consent of the petitioner and he has come up before this Court by filing the present petition as he apprehends that the investigation is not being carried out in a fair manner. He further submits that the co-accused of the present case, namely, Sanjay Chaurasia, has challenged the impugned F.I.R. by means of filing Criminal Misc. Writ Petition No. 23973, in which prayer for quashing of the F.I.R. has already been refused by Co-ordinate Bench of this Court vide order dated 30.08.2018 and he was directed to obtain bail, copy of which has been produced by learned counsel for the petitioner and the same has been taken on record.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order in accordance with law.
The S.P. Mirzapur shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018Ashok Gupta