Hon'ble Rajeev Singh,J.
Heard Shri Shashank Singh, learned counsel for the petitioner, Shri S.P. Singh, learned A.G.A. and perused the material brought on record.
This petition has been filed by the petitioner with a prayer to transfer the investigation of F.I.R. No. 0817 of 2020, under Sections 304-B, 498-A, 504 I.P.C., Police Station Mandiyao, District Lucknow to C.B.C.I.D. or the Crime Branch.
It has been argued by the learned counsel for the petitioner that the petitioner, who is the complainant of the case, lodged the present F.I.R. on account of the death of his daughter, who died unnatural death within seven years of marriage at her in-laws house. It is further submitted that the cause of death is not known and the Viscera has been sent to K.G.M.U., Lucknow. Learned counsel for the petitioner also submits that the investigation of the case has not yet been concluded, though the F.I.R. was lodged by him on 20.12.2020, hence, he has come up before this Court by filing the present petition.
Learned A.G.A. though opposes the prayer for transfer of the investigation, but could not dispute that the same ought to have been concluded within a stipulated period.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not find any good ground to issue any direction to transfer the investigation to any other Agency, hence, the prayer to transfer the investigation is hereby rejected. However, we direct the Registrar, K.G.M.U., Lucknow to ensure that the report of the Viscera be made available to the Investigating Officer within four weeks from today. The concerned Investigating Officer of the present case is also hereby directed to conclude the investigation of the present case, if not concluded earlier, and submit a police report before the Magistrate concerned expeditiously preferably within a period of two months from the date of production of a certified copy of this order in accordance with law.
Commissioner, Lucknow shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
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(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 VKS