Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12387 of 2021 Petitioner :- Brahma Nand Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
This petition has been filed by the petitioner with a prayer to direct the respondent authorities particularly respondent no.1 to hand over the case to C.B.I./S.I.T. or other independent agency for proper and fair investigation in pursuance of First Information Report dated 14.08.2020 registered in Case Crime No. 496 of 2020, under Section 457, 394, 302 IPC, P.S. Lanka, District Varanasi.
It is clear that police has arrested seven persons including four persons as mentioned in paragraph 10 of the paper book and the confessional statement of nomadic gang were also recorded, thereafter, chargesheet has been submitted on 19.01.2021 and the investigation against five persons is still pending.
In such view of the matter, we do not find any good ground to consider this petition for the purpose of granting relief.
Learned A.G.A. submits that the 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 three 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.
Order Date :- 21.12.2021 Ujjawal