Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26009 of 2019 Petitioner :- Bhawar Lal Vishwakarma Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Vinod Kumar Maurya,Sanjay Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no.2 to ensure fair and impartial investigation pursuant to the first information report dated 2.6.2018 registered as Case Crime No.291 of 2018, under Sections 506,504,420,419,406 IPC, P.S. Kotwali, District Jaunpur.
It is submitted by the learned counsel for the petitioner that on the basis of an application, dated 12.12.2017 moved under Section 156 (3) Cr.P.C. the first information report was lodged against the accused-respondent nos.4 to 21 under Sections 506,504,420,419,406 IPC I.P.C. on 2.6.2018. Till date neither the aforesaid accused respondents have been arrested nor they have been charge sheeted, rather they are now exerting pressure upon the petitioner from all corners to enter into compromise, failing which, he will face dire consequence. Thus the petitioner has no other efficacious remedy except to invoke the extraordinary power conferred upon this court under Article 226 of the Constitution of India for enforcement of his right to have a fair and impartial investigation against the accused/respondents involved in the commission of offence.
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, Jaunpur 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 two 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 M. Tariq