Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5008 of 2018 Petitioner :- Chandrapal Awasti Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ganga Bhushan Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Sunil Kumar Shukla holding brief of Sri K.K. Dwivedi, learned counsel for the petitioner, Sri R.D. Yadav, learned A.G.A. 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 authorities to recover the victim and conduct fair and impartial investigation in relation to F.I.R. dated 14.11.2017 registered as case crime no. 473 of 2017 under sections 363, 366 I.P.C. and 8 POCSO Act, police station Sumerpur, District Hamirpur.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He lodged the present F.I.R. on 14.11.2017 but till date neither his daughter has been recovered nor the investigation has been concluded, hence, he has come up before this Court by filing the present petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to recover the victim girl and conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order in accordance with law.
The S.P. Hamirpur shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz