Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9866 of 2021 Petitioner :- Ankita Mishra Respondent :- State of U.P. and Others Counsel for Petitioner :- Yatindra 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 conclude the free and fair investigation expeditiously in Case Crime No. 0022 of 2021, under Sections 498-A, 323, 504 and 506 IPC and 3/4 D.P.Act, P.S. Hari Parvat, District Agra in pursuance of the FIR dated 25.01.2021.
According to the petitioner, on 25.1.2021, he lodged the impugned F.I.R. 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 them. 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 A.K.Srivastava Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.26 17:27:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.26 17:28:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad