Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 2806 of 2019 Petitioner :- Ansar Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahtab Alam,Rohit Yadav Counsel for Respondent :- G.A.,
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer that suitable direction may be issued to the authority concerned for ensuring fair investigation of Case Crime No. 170 of 2016, under Sections 363 and 366 I.P.C., P.S.- Akrabad, District- Aligarh.
All the submissions that have been made on behalf of the petitioner indicate that they relate to the investigation of the case. To ensure fair investigation in every case is the prime duty of police authorities. Examination of relevant witnesses, collecting all relevant evidence without allowing them to get lost, effecting the arrest of the accused regarding whose guilt there is credible evidence available, tracing out the victim in cases where he has gone missing are just some of the crucial aspects of the investigation which may be cited as illustration. There may be occasions where an informant or sometimes even the accused may have grievance and may feel that the investigation is not being proceeded with on right lines or that it is not being pursued in right earnest and is more in the nature of an eye wash lacking sincerity of purpose or that the fairness of the investigating officer is suspect. Specific grievances against a particular Investigating Officer are also sometimes alleged by a party and the change of Investigating Officer or the change of investigation itself to a different branch of investigating agency is sometimes sought. It is also brought to the notice of the Court at times that a particular application or petition expressing certain grievances with regard to investigation or Investigating Officer is made before a higher police official, but the same remains undealt with for a long period of time and instead of disposing the same expeditiously in accordance with law and rules, the same remains undisposed off. All such aspects must be dealt with by the S.S.P. concerned if they are brought to his notice. The petitioner has all the right and liberty to move an appropriate application before the S.S.P. concerned expressing his grievance. It is hereby observed that in case the petitioner moves any such application the same shall be looked into by the S.S.P. concerned who is also directed to take all necessary steps to ensure fair investigation in the case on the right lines and who shall also ensure that the same is brought to its logical conclusion expeditiously and is completed with dispatch without any unnecessary or undue delay.
With the above directions, this writ petition stands finally disposed off.
Order Date :- 31.1.2019 CPP/-