Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7314 of 2018 Petitioner :- Deep Narayan Pandey Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is preferred to have an appropriate order or direction for respondent no.1 and 2 to get enquired into the matter in question by some independent agency in the light of the facts narrated by the petitioner in his application dated 26.2.2018 pertaining to mention that at the instance of the petitioner a case was lodged at police station Pipri District Kaushambi pertaining to the offence under Section 302 I.P.C. After completing the investigation the charge-sheet has already been filed before the Court of Judicial Magistrate, Kaushambi against Virendra Kumar Dubey @ Bitalu, Bhaiya Pasi and Mangal Pasi for the offences under Sections 302, 120-B, 34 I.P.C. In the charge-sheet it is also stated that as per provisions of sub-section 8 of Section 178 the investigation is kept pending and if during the course of investigation if any additional evidence became available then a supplementary charge-sheet shall be filed against the other persons also.
The submission of the learned counsel appearing on behalf of the petitioner is that the investigating agency has not conducted the investigation fairly and effectively against the persons named in the application given by the petitioner and has not been arrayed in the list of accused persons. For the cause agitated, we are not inclined to interfere with this petition for writ.
True it is, charge-sheet has been filed and the investigating agency in quite specific terms stated that in the event of availability of other credible evidence a supplementary charge-sheet shall also be filed. It view of it no interference is warranted.
The writ petition is dismissed.
Order Date :- 27.3.2018 S.S.
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(Ashok Kumar, J.) (Govind Mathur, J.)