Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26006 of 2019 Petitioner :- Bhagwandeen Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ranjit Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed by the petitioner with the prayer that suitable direction may be issued to the authority concerned for ensuring fair and impartial investigation of Case Crime No. 438 of 2019 under Sections 147, 302 I.P.C. & 3(2)(v) SC/ST Act, P.S.- Maudaha, District- Hamirpur.
It is submitted by the learned counsel for the petitioner that the petitioner had moved an application for lodging an F.I.R. in respect of death of his son on 02.08.2019 against five named persons and two unknown persons. Even after conducting the Panchayatnama and post-mortom of the deceased no F.I.R. was registered. Rather concerned police had initiated proceedings under Section 111 Cr.P.C. and had arrested only one accused namely Shakeel in respect of the alleged grappling between the parties. The petitioner thereafter moved an application on 16.08.2019 before the Superintendent of Police, District Hamirpur to direct the S.H.O. to lodged the First Information Report. Yet no First Information Report was lodged and thereafter by moving an application under Section 156(3) Cr.P.C. an F.I.R. came into existence against the accused respondent nos. 4 to 8. Despite lodging of the aforesaid F.I.R.
on 03.11.2019 the investigation is going on in snail's pace. The accused persons are extending constant threat, hence the life and liberty of the petitioner is at stake.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretence, it is provided that the Superintendent of Police, Hamirpur, respondent no.2 shall take effective steps to supervise over the matter issuing mandate to the investigating officer to proceed with the investigation in a very fair, unbiased and impartial manner who will conclude it expeditiously preferably within 2 months from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2019 Krishna