Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24285 of 2019 Petitioner :- Gajendra Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sudhir Bharti,Alopi Chandra Counsel for Respondent :- G.A. Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent nos.2 & 3 to conduct fair investigation pursuant to the first information report dated 22.9.2019 registered as Case Crime No.1468 of 2019, under Sections 427,504,506,436 IPC and Section 3(2)(iii) of S.C./S.T. Act, P.S. Sihani Gate, District Ghaziabad.
It is submitted by the learned counsel for the petitioner that the petitioner has lodged an FIR against the respondent nos.4 to 6 on 22.9.2019, but so far no action has been taken by the respondent authorities against them, even no statement of the petitioner and other witness witnesses under Section 161 Cr.P.C. has been recorded. The accused respondents are wondering lavishly and extending constant threat and intimidation to the petitioner. As the investigation is going on in snail's pace, the petitioner has no other efficacious remedy except to invoke the extraordinary power conferred upon this court under Article 226 of the Constitution of India for enforcement of his right to have a fair and impartial investigation against the accused/respondents involved in the commission of offence.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretence, it is provided that the Senior Superintendent of Police, Ghaziabad, respondent no.2 shall take effective steps to supervise over the matter issuing mandate to the investigating officer to proceed with the investigation in a very fair, unbiased and impartial manner who will conclude it expeditiously preferably within two months from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.
With the above direction, this petition is finally disposed of.
Order Date :- 28.11.2019/M. Tariq