Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 15553 of 2020 Petitioner :- Brijesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mewa Lal Shukla,Varinder Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Varinder Singh, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent no. 2 to conduct fair and impartial investigation in relation to F.I.R. dated 28.8.2020 registered as case crime no. 144 of 2020 under sections 302, 394, 411 I.P.C. and 3 (2) 5 S.C./S.T. Act, police station Kaimari, District Rampur and further to direct the respondent no. 1 to transfer the investigation of the aforesaid case to any other Investigating Agency, i.e., C.B.I. or C.B.C.I.D.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He lodged the present F.I.R. on 28.8.2020 but till date the investigation has been concluded, hence he has come up before this Court by filing the present petition.
Learned Brief Holder for the State submits that the F.I.R. of the present case has been lodged on 28.8.2020 and so far as status of investigation he is not aware of the same.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not find any good ground to issue any direction to respondent no. 1 to transfer of the investigation of the present case to any other Investigating Agency, i.e., C.B.I. or C.B.C.I.D., hence the prayer for the same is hereby rejected. However, we direct the Investigating Officer of the present case that if the investigation of the present case has already not been concluded then the same may be concluded a police report be submitted before the Magistrate concerned expeditiously preferably within a period of two months from the date of production of a copy of this order in accordance with law.
The S.P. Rampur shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it 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 the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021 Shiraz