Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16807 of 2018 Petitioner :- Gita Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Recall Application No. 2 of 2018
Heard Sri Pankaj Kumar Gupta, learned counsel for the applicant, Sri Ajit Ray, learned AGA for the State and perused the record.
An affidavit of compliance has been filed by Superintendent of Police, Auraiya as well as Investigating Officer of the case in which it has been submitted that final report which was submitted in the matter on 10.06.2018 as stated in para 4 of his real affidavit, further investigation was ordered by Circle Officer on 29.07.2018 in pursuance of which, further investigation was conducted and again the same finding has been recorded and final report has again been submitted in the present case. The said fact is also mentioned by Superintendent of Police, Auraiya in para nos. 6-7 of the affidavit. Hence, there appears to be no fault on the part of the previous Investigating Officer in making the said submission before this Court in para 4 of the earlier affidavit filed.
Investigating Officer Sri Shailendra Kumar is discharged with respect to the show cause notice issued to him in pursuance of the order dated 26.09.2018 by which he was required to show cause why proceedings of perjury may not be initiated against him.
However, it will be open to the complainant/petitioner of the case to challenge the final report submitted before the competent Court in accordance with law.
Recall application stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.10.2018/Madhurima