Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12598 of 2021 Petitioner :- Arvind Yadav Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Neeraj Singh 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 respondent no. 2 to complete the free and fair investigation of the Case Crime No. 223 of 2021, under Sections 323, 504, 325, 308 IPC, P.S. Chauri Chaura, District Gorakhpur within stipulated time.
According to the petitioner, on 18.6.2021, he lodged the impugned F.I.R. against the private respondents 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 from the date of production of a certified 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.
Order Date :- 23.12.2021 A.K.Srivastava