Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19773 of 2019 Petitioner :- Hitesh Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dilip Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Dilip Kumar Upadhyay, learned counsel for the petitioner, Sri A.R. Chaurasia, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The petitioner has made following prayer in the present case which is reproduced as under:
(i) Issue a writ, order or direction in the nature of Mandamus directing the Respondent No.3 to re-investigate the matter fairly from other Circle Officer in pursuance of the F.I.R. dated 21.06.2014, in Case No. 737 of 2015 (State vs. Hitesh Kumari) arising out of Case Crime No. 312 of 2014, under Sections 302, 201 IPC, Police Station- Khair, District Aligarh, within stipulated period, during the pendency of the instant writ petition before this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of Mandamus directing to the concerned respondent authorities to inquire the matter fairly in pursuance of the F.I.R. dated 21.06.2014 by any Special Investigating Agency.
(iii) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
Learned counsel for the petitioner has argued that the petitioner is the complainant of the case and subsequently she has been made an accused in the present case by the Investigating Officer who has not properly investigated the matter fairly and only with a view to harass her, in collusion with the accused persons, named in the FIR, he has illegally submitted charge-sheet against him. Hence she has come up before this Court for a direction that the matter be investigated in a fair manner by any other Circle Officer within the stipulated period or by any Special Investigating Agency.
Learned A.G.A. has submitted that the petitioner who has been made an accused in the present case subsequently though she lodged an FIR but after investigation charge-sheet has been submitted against her. She happens to be wife of the deceased who died unnatural death.
After having considered the submissions advanced by the learned counsel for the parties and material on record, we find that as the charge-sheet has been submitted against the petitioner who has been found to be accused in the present case for the murder of her husband, though she lodged an FIR for the same. We are not inclined to interfere in the matter, hence the petition is liable to be rejected.
The present petition is accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 A. Tripathi