Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 581 of 2021 Petitioner :- In Re A Case Looking For Justice Respondent :- State of U.P. Counsel for Petitioner :- Suo Motu Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Vivek Agarwal,J.
The affidavit of compliance filed by Sri Syed Ali Murtaza, learned AGA for the State-respondents is taken on record.
A suo motu cognizance was taken by this Court on a letter petition. It was in reference to the order passed by the trial court finding that innocent person was put behind the bars for five years and main accused is still free. The learned trial court recorded the finding about the negligence of the investigating officer and accordingly, this Court took suo motu cognizance to find out as to what action has been taken against the officer concerned. It is informed that initially a preliminary enquiry was conducted and finding prima facie case against the delinquent, a direction is given for holding full fledged enquiry. It is despite the fact that State has preferred an appeal against the order of the trial court. It is also stated that the juvenile/children is now given to the parents who were otherwise under Child Welfare Committee, Agra.
In view of the above, we close the case however keeping it open for the children/parents to claim compensation against the negligent act of the investigating officer.
With the aforesaid, writ petition is disposed of.
The department is however expected to complete the enquiry against the delinquent at the earliest.
Order Date :- 23.9.2021 VMA (Vivek Agarwal, J.) (Munishwar Nath Bhandari, A.C.J.)