Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 9993 of 2014 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Salil Srivastava,Gorakh Nath Mourya,Sandeep Kumar Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
This writ petition has been filed by the petitioner for issuing a writ, order or direction in the nature of mandamus commanding respondent nos.2 to 4 to arrest respondent nos.5 to 8 and to investigate the Case Crime No.24 of 2013 u/s 364 IPC PS Handia District Allahabad fairly and impartially.
Heard learned counsel for the petitioner and learned AGA for the State.
Contention of learned counsel for the petitioner is that the brother of the petitioner had gone missing on 4.1.2013 with regard to which missing report and FIR have been lodged. However, the police is not fairly investigating the matter, under these circumstances the petitioner was forced to file Criminal Misc. Writ Petition No.9613 of 2013 before this Court, which was finally disposed of by another Bench of this Court vide order dated 21.5.2013 with the direction to SSP Allahabad to look into the matter and to ensure the proper investigation in the FIR in question.
Learned counsel for the petitioner informs the Court that even after the said order the investigation has not yet been completed as mentioned in para 25 and 26 of the affidavit filed in support of the present writ petition.
It is very surprising that in spite of the specific direction issued by another Bench of this Court the investigation has not yet been completed and the police report as required under Section 173(2) Cr.P.c. has not yet been filed by the police authorities. The picture which emerges is that neither the direction issued by another Bench of this Court has been complied with nor the missing person Neeraj Kesarwani has been recovered till date. The police has failed to trace out the whereabouts of Neeraj Kesarwani till date.
Looking to the facts and circumstances of the case, no purpose would be served in keeping the matter pending before this Court, even otherwise the petitioner has remedy under the provisions of Cr.P.C. Thus, the writ petition is being finally disposed of with liberty to the petitioner to seek appropriate remedy available to him under the provisions of Cr.P.C. itself.
With the aforesaid observation the writ petition is finally disposed of.
Order Date :- 25.7.2018 SP