Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5509 of 2019 Petitioner :- Avadhesh Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Mohan 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 investigating officer, respondent no.3 to conclude the investigation against the respondent nos.4 to 7 in Case Crime No.170 of 2018, under Sections 363,366 IPC and Section 7/8 of P.O.C.S.O. Act, P.S. Jaithara, District Etah within stipulated period.
It is submitted by the learned counsel for the complainant petitioner that an FIR was lodged by the petitioner on 5.5.2018 in respect of abduction of his minor daughter against the named accused persons who have been arrayed as respondent nos.4 to 7, despite that neither they have been arrested by the respondent no.3 nor the victim has yet been recovered. It is further submitted that the respondent nos.4 to 7 are extending constant threats to the life and security of the complainant 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, Etah, 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 :- 28.2.2019 M. Tariq