Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17583 of 2020 Petitioner :- Gajendra Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sudhir Bharti,Alopi Chandra Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
Petitioner has made following prayer:-
(i) issue a writ, order or direction in the nature of mandamus commanding / directing to the respondent nos. 2 and 3 to ensure the fair investigation in pursuance of F.I.R. dated 28.10.2020 in Case Crime no. 1515 of 2020, u/s 147, 323, 504, 506, 392 IPC and 3(2)(v) SC/ST Act, P.S. Kavi Nagar, District Ghaziabad.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to call the progress report about the said case in the aforesaid offence.
(iii) issue any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
Prayer does not request any coercive action against the private respondents hence their presence is not necessary. Prayer for fair investigation can be granted without hearing of learned counsel for State. Same is granted. Officer concerned/ police authority shall ensure that fair investigation is taken place.
With the above observations, petition is partly allowed.
Order Date :- 6.1.2021 Dhirendra/