Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 17217 of 2020 Petitioner :- Arun Kumar Mishra Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The grievance urged in the instant petition is that fair investigation is not being done in Case Case Crime No. 0054 of 2020, under Section 147, 148, 336, 323, 352, 302 IPC, Police Station Lar, District Deoria.
It is submitted that there were seventeen accused out of whom police had submitted charge sheet against five persons recently. The Investigating Officer has removed the name of five persons while investigation is pending against rest of them. It is urged that the Investigating Officer is under influence of accused persons and they are extending threats to the petitioner who is the first informant.
Sri Dharmendra Dhar Dubey, Advocate has entered appearance on behalf of respondent no. 14. He does not dispute that charge sheet has been submitted against five named accused while the investigation is pending against other accused persons.
In the circumstances noted above, we leave it open to the petitioner to approach respondent no. 2 with a true attested copy of the instant order along with a fresh representation, in which event he shall examine the grievance of the petitioner and take proper steps so that investigation is conducted in a fair and impartial manner.
The petition stands disposed of accordingly.
(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.1.2021 Jaideep/-