Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5486 of 2019 Petitioner :- Gopal Chandra Jaiswal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kumar Ankit Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard the 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 no. 2 to conduct fair investigation pursuant to the first information report dated 18.10.2018 registered in case Crime No. 176 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, police station Sujanganj, district Jaunpur.
It is submitted by the learned counsel for the petitioner that the daughter of the petitioner was succumbed to death on account of ill treatment meted to her by her in-laws. A named first information report has been lodged against the four persons including the respondent no. 4. The charge sheet has already been submitted against Pawan Jaiswal, Ram Asrey Jaiswal and Geeta Jaiswal who are in-laws of the deceased but investigation is still going on in respect of the involvement of the respondent no. 4 who is the maternal aunt (Mausi) of the deceased. The investigation is being done in a snail's pace. The respondent no. 4 is an influential lady who is roaming freely and not cooperating with the investigation who is pressing to withdraw the case, as such the respondent no. 2 may be directed to investigate the case expeditiously and to conclude the investigation in a fair and impartial manner to its logical end.
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, and without expressing any opinion on the merits of the case, the Superintendent of Police, Jaunpur, respondent no. 2 is directed to make its earnest endeavour to ensure fair and impartial investigation in the aforesaid case and be concluded within a period of two months from the date of production of a certified copy of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 28.2.2019 Shahnawaz