Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1343 of 2019 Petitioner :- Ashwini Kumar Yadav Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Munna Lal Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to direct the respondent no.3 to transfer the investigation against the respondent nos.5 to 11 in Case Crime No.42 of 2018, under Sections 147, 148, 149, 323, 504, 506, 352, 354(Kha) IPC, P.S. Tharwai, District Allahabad to any other investigating officer of different police station.
It is submitted by the learned counsel for the petitioner-complainant that the petitioner had lodged an FIR on 20.3.2018 stating therein that the respondent nos.5 to 11 had barged into his house and assaulted him and his family members with fisticuffs and lathi-danda. It is further stated that the respondent nos.5 to 11 had also tried to outrage the modesty of the ladies of his family, but the police authorities have not taken any action against them. It is further submitted that the respondent nos.4 to 8 are extending constant threats to the life and security of the complainant, his family members and the witnesses. Hence a direction may be given to the respondent authorities for fair, speedy and impartial investigation in the instant case.
Learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the Senior Superintendent of Police, Allahabad, respondent no.2, shall look into the matter and shall ensure that proper, effective and fair investigation be carried out and be concluded at the earliest preferably within two months from the date of production of a certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 21.1.2019 M. Tariq