Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 36105 of 2018 Petitioner :- Ayushman Rai Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amit Kumar Srivastava,Ashish Kumar Gupta Counsel for Respondent :- G.A.,Mangla Prasad Rai
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Re: Criminal Misc. Correction Application No.7 of 2019 By this correction application, the applicant has prayed for correction in the order dated 10.01.2019 passed by us which has wrongly been transcribed in connected Criminal Misc. Writ Petition No.36979 of 2018 and the order passed in that petition has been transcribed in this petition.
Upon perusal of the record, we are satisfied that order dated 10.01.2019 which we had passed in Criminal Misc. Writ Petition No.36105 of 2018 has been transcribed in Criminal Misc. Writ Petition No.36979 of 2018, which reads as follows:
"The allegation in the first information report is to the effect that the accused person through sale deed(s) had acquired much less area than what they are selling have accordingly cheated and defrauded people and are acting like land mafia.
The grievance of the petitioner is that the first information report, which had been registered in the year 2015, has not been properly investigated and earlier final report was submitted but, thereafter, further investigation was directed, however, till date, investigation has not been completed.
An affidavit has been filed by the Investigating Officer today, which is taken on record.
The FIR is of the year 2015, under the circumstances, prima facie, the investigation has been conducted in a lethargic manner, when sale records could have been examined to find out whether sale was in excess of the land purchased.
We however deem it appropriate to give one last opportunity to the Investigating Officer to complete the investigation within one month and file progress report.
List this matter on 13th February, 2019, on which date, Investigating Officer shall be present before the Court in person and shall file his personal affidavit disclosing progress in the investigation.
When the case is listed next, the name of Sri Mangla Prasad Rai will be shown from the respondent's side."
In view of the above, the above quoted order dated 10.01.2019 will be read as an order passed in Criminal Misc. Writ Petition No.36105 of 2018.
The correction application stands disposed off. Order Date :- 21.1.2019 Ajeet