Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5328 of 2021
Petitioner :- Ayyub
Respondent :- State Of U.P. Through Secretary, Ministry Of Home, Govt. Of
Counsel for Petitioner :- Sunil Kumar Tiwari
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri S.K. Tiwari, counsel for the petitioner and Ms. Sanyukta Singh, learned A.G.A. for the State-respondents and perused the records.
This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and impartial investigation in respect of Crime No.0239 of 2021 for the offence under Sections 147, 148, 452, 323, 352, 307, 336 of I.P.C., P.S. Mawana, District Meerut.
According to petitioner, though on 31.5.2021, he lodged a report against private respondents under Sections 147, 148, 452, 323, 352, 307, 336 of I.P.C, 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. Learned counsel has prayed for issuance of suitable direction for fair and impartial investigation.
State counsel submits that present is a case where report has been lodged recently and without waiting for sufficient period, the petitioner has rushed to this Court. She, however, submits that 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 present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within two months from the date of production of a copy of this order before them.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner(s) alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 RK
Digitally signed by Justice Pritinker Diwaker Date: 2021.07.30 16:49:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Manju Rani Chauhan Date: 2021.07.30 16:52:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad