Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5105 of 2019 Petitioner :- Dau Dayal Agrawal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azad Rai,Debee Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no. 2 to conduct fair investigation pursuant to the first information report dated 20.7.2018 registered in case Crime No. 596 of 2018, under Sections 420, 467, 468 and 120-B I.P.C., police station Atmaddaula, district Agra.
It is submitted by the learned counsel for the petitioner that the first information report has been lodged on 20.7.2018 with the allegation that the respondent no. 4 has committed fraud with the conspiracy of officials of India- bulls Bank by preparing forged documents. In this regard the petitoinerr has lodged a first information report on 20.7.2018 but till date the investigation has not been completed by the police instead of giving shelter to the accused/respondent.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the Senior Superintendent of Police, Agra, respondent no. 2 is directed to make its earnest endeavour to ensure fair and impartial investigation and be concluded within a period of three months from the date of production of a certified copy of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 25.2.2019 Shahnawaz