Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8682 of 2021 Petitioner :- Anil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajiv Shukla,Harish Chandra Pratap Counsel for Respondent :- G.A.,Ajay Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner, learned counsel for respondent no.4 and learned A.G.A.
This writ petition has been filed by the petitioner, who is an accused, prays that direction may be issued to the respondent authorities to ensure fair, impartial and proper investigation of the Case Crime no.122 of 2021 under Section 307, 504, 506 IPC, P.S. Maharajganj, District Azamgarh and not to take any coercive action against the petitioner.
Learned A.G.A. submits that the police authorities are under the obligation to do the investigation fairly and expeditiously and if the investigation has already not been completed, the same would be done at the earliest.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 07.10.2021 in Leelavati Devi @ Leelawati and Anr. vs. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021, no relief can be extended to the petitioner. However the police authorities are under the obligation to do the investigation fairly and expeditiously.
With these observations, the writ petition is disposed of leaving it open to the petitioner to avail the remedy as available in law.
Order Date :- 27.10.2021 A. Pandey