Court No. - 79
Case :- APPLICATION U/S 482 No. - 42822 of 2019 Applicant :- Durgesh Kumar Jaiswal Opposite Party :- State Of U.P. And 3 Ors. Counsel for Applicant :- Sanjay Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed by applicant Durgesh Kumar Jaiswal. Son of the applicant was done to death by accused and police has submitted charge sheet against Amar Deep Singh.
This application has been filed for a direction to the respondents No. 1, 2 and 3. Respondent No. 1 is State through Secretary, Home Affairs, Government of U.P., Lucknow; respondent No. 2 is Inspector General of Police, Gorakhpur Division, Gorakhpur; and respondent No. 3 is Superintendent of Police, Deoria. It is prayed by means of this application that the respondents No. 1, 2 and 3 be directed to appoint an independent Special Investigation Team and they be directed to further investigate the matter arising out of Case Crime No. 0065 of 2019, under Sections 302, 201 of IPC, Police Station Tarkulwa, District Deoria.
The learned counsel for applicant has submitted that the police has not arrayed the wife of the charge-sheeted accused as accused. She was having a clear role in the murder of the son of applicant.
The learned A.G.A. appearing for State- respondents has submitted that the police has fairly investigated the matter and submitted the charge sheet and if the applicant wants further investigation in the matter, then, he can move the concerned Magistrate for direction for further investigation.
After considering the rival submissions and considering the facts and circumstances of this case, this application is disposed of with a direction that the applicant will move an application before the concerned Magistrate under Section 173 (8) of Cr.P.C. mentioning therein all the facts and manner in which the prosecution has not conducted the investigation fairly and if the learned Magistrate considers it proper and just, he will direct the Investigating Agency for further investigation.
With the aforesaid observations, this application is disposed of.
Order Date :- 26.11.2019 LBY