Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5102 of 2019 Petitioner :- Gyan Chandra Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Jadu Nandan Yadav,Agnivesh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,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 no. 2 to conduct fair investigation pursuant to the first information report dated 16.1.2019 registered in case Crime No. 32 of 2019, under Section 302 I.P.C., police station Ghanghata, district Sant Kabir Nagar.
It is submitted by the learned counsel for the petitioner that the son of the petitioner was killed by the accused/respondent nos. 4 to 10. The village Chowkidar has lodged first information report against one Salman and two other unknown persons. Later on the mob had also killed Salman. The petitioner had moved an application before the authorities to lodge the first information report against the named accused persons but the same was entered in the general diary and no action has been taken against the named accused persons. The accused/respondents are extending threat to the life of the petitioner.
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, Sant Kabir Nagar, respondent no. 2 is directed to make its earnest endeavour to ensure fair and impartial investigation 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 :- 25.2.2019 Shahnawaz