Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4724 of 2018 Petitioner :- Hari Shankar Dixit Respondent :- State Of U.P. And 10 Ors. Counsel for Petitioner :- Bishram Tiwari Counsel for Respondent :- G.A.,Anand Pal Singh,Harish Chandra Singh
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Bishram Tiwari, learned counsel for the petitioner, Sri Harish Chandra Singh, learned counsel for the caveator, Sri I.P. Srivastava, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to direct the respondent no.3 to conduct the fair investigation in Case Crime No.1203 of 2016, under Sections 498A, 304B, 201 I.P.c. and 3/4 D.P. Act, Police Station Kotwali Padrauna, District Kushinagar and also to direct the respondents to produce the status report of the case.
Learned counsel for the petitioner submits that the petitioner is informant of the case and he lodged an FIR against the accused respondent nos.5 to 11 for the offence under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, but during the course of investigation charge sheet was submitted for the offence under Section 498A I.P.C. and 3/4 D.P.Act and so far as the offence under Section 304B I.P.C. is concerned, the said offence was dropped. It further transpires that further investigation was ordered by the learned Magistrate on 2.11.2017 and till date investigation has not yet been concluded.
Learned counsel for the accused respondent nos. 5 to 11 states that the accused respondent nos. 5 to 11 have approached this Court and filed Crl. Misc. Writ Petition No.27121 of 2017 challenging the impugned FIR, in which further investigation was ordered to be concluded within a period of two months and till then no coercive action be taken against them by this Court vide order dated 11.1.2018, copy of which has been produced the same is taken on record, to which learned counsel for the petitioner pointed out that the order dated 11.1.2018 which was passed at the behest of the accused respondent nos.5 to 11 was produced before the Investigating Officer within one week from the date of passing of the said order.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, it is directed that S.P., Kushinagar shall ensure that further investigation ordered by the learned Magistrate as well as by this Court on 11.1.2018 shall be concluded within a period of six weeks from today.
With the above direction, this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018/NS