Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7871 of 2018 Petitioner :- Devki Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Pankaj Kumar Shukla, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to transfer the investigation of Case Crime No. 123 of 2018 pending investigation at Police Station Barsana, District Mathura pertaining to offence punishable under Sections 323, 504, 506, 342, 384 IPC.
It is submitted by learned counsel for the petitioner that, at the first instance, the police was not ready and willing even to lodge the first information report, therefore, a complaint as per provisions of Section 200 Cr.P.C. was filed before the competent Magistrate. The Magistrate passed an order as per provisions of sub-Section (3) of Section 156 Cr.PC. and only on basis of that a first information report was lodged. The Investigating Agency while lodging the first information report mentioned that the complaint has been registered at the instance of the complainant on a false pretext just to save her husband and brother-in-law. According to learned counsel, this assertion in the first information report clearly indicates bias on part of the Investigating Agency and, therefore, investigation is required to be transferred to some independent Agency.
Having considered all facts of the case, we deem it appropriate to dispose of this petition for writ by directing respondent no. 2 - Senior Superintendent of Police, District Mathura to look into the matter personally and to get the entire investigation done by some competent Officer not below the rank of Deputy Superintendent of Police.
With the directions as above, the writ petition stands disposed of.
Order Date :- 30.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)