Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 3310 of 2021 Petitioner :- Farha Naaz Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard SriRupendra Kumar Mishra , learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair, proper and impartial investigation in respect of Crime No. 0005 of 2021 for the offence under Sections 354, 354(ka), 452, 504, 506 I.P.C. and Section 7/8, 11/12 of Prevention of Children from Sexual Offences Act, P.S. Kotwali, District Moradabad.
According to the petitioner on 09.01.2021, he lodged an FIR against the private respondents but till date nothing has been done by the police. Apprehension has been shown by the petitioner that either the police is favouring the accused or is not interested to investigate the matter. Learned counsel for the petitioner submits that purpose of filing this petition would be served if direction is issued to the police authorities to investigate the matter fairly and impartially.
State counsel submits that the police authorities are under the obligation to do the investigation fairly and impartially and the same would be done within time frame in accordance with law.
The present petition is disposed of directing the police authorities to conclude the investigation of the said case, if not already completed, fairly, impartially and expeditiously in accordance with law on the basis of evidence so collected within a period of 45 days from the date of production of copy of this order.
It is made clear that this Court has not expressed any opinion on merit of the case and the police authorities to act in accordance with law.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 SK