Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17026 of 2019 Petitioner :- Chhemendra Kumar Sharma Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Suresh Chandra Dwivedi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to direct the respondent police authorities to conduct the fair and impartial investigation of Case Crime No.75 of 2019, under Section 147, 148, 342, 308, 323, 504, 506 IPC, P.S. Asmoli, District Bheem Nagar within stipulated period.
It is submitted by the learned counsel for the complainant petitioner that the the petitioner had lodged an FIR on 20.3.2019 against the accused-respondents who have been arrayed as respondent nos.5 to 12 but no action has been taken so far to arrest them. The investigation is also going on snail's pace. The petitioner is facing constant threat to his life and property and as such a direction may be given to the respondent authorities for fair, speedy and impartial investigation in the instant case.
Learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation. Speedy investigation is quintessence of criminal justice.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the Superintendent of Police, Bheem Nagar, respondent no.3, shall look into the matter and shall ensure that proper, effective and fair investigation be carried out and be concluded at the earliest preferably within three months from the date of production of a certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 24.6.2019 SK