Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10871 of 2018 Petitioner :- Chandaniya Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Umesh Dubey,Gauraw Srivastava,Rahul Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Jitendra Prasad Mishra,Advocate, has filed his power on behalf of respondent no.4 today in Court, which is taken on record.
Heard Sri Gaurav Srivastava, learned counsel for the petitioner, Sri Jitendra Prasad Mishra,learned counsel for respondent no.4, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to direct the respondents to get the fair investigation in case/FIR registered as Case Crime No.624 of 2015, under Sections 320, 120-B I.P.C., Police Station Dhoomanganj, District Allahabad from the C.B.I.
It has been contended by learned counsel for the petitioner that petitioner is mother of the deceased and she has lodged the present FIR against the respondent no.6, the landlord of the house where she was a tenant. He further submits that final report was submitted in the matter on 15.9.2015 and thereafter protest petition was filed by the petitioner on 26.10.2017. He next argued that petitioner had earlier filed Crl. Misc. Writ Petition No.5648 of 2016 for fair investigation, which was disposed of by Coordinate Bench of this Court vide order dated 14.3.2016 directing the S.S.P., Allahabad to ensure that the investigation be conducted in a fair manner, but in meanwhile learned Magistrate on 9.3.2018 has ordered for further investigation by competent Senior Police Officer. He next argued that the investigation is not proceeding in a fair manner as the investigation of the case has again been entrusted to the civil police, hence, she has come up before this Court for fair investigation by independent agency like C.B.I.
Learned counsel for respondent no.4 as well as learned AGA has pointed out that it is stated that as per the post mortem report, the deceased died due to hanging, but post mortem report of the deceased has not been annexed with the writ petition.
Considered the submissions advanced by learned counsel for the parties.
Since the post mortem report of the deceased has not been annexed with the writ petition, hence, we cannot examine the matter regarding death of the deceased. Accordingly, the writ petition is dismissed on this ground alone with a liberty to the petitioner to file a fresh petition annexing the post mortem report of the deceased.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018 NS