Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25769 of 2019 Petitioner :- Ishteyaq Ahmad Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Anoop Kumar Singh Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The learned counsel for the petitioner submits that he does not press the relief No. 1 and would be satisfied with relief no. 2, which reads as under:
"Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to ensure the fair and impartial investigation of Case Crime No. 0180 of 2019, under Section 419, 420, 467, 468, 471, 409, 504, 506 I.P.C at Police Station- Kotwali Padrauna, District- Kushinagar."
The allegation in the writ petition is that the police are acting in collusion with the accused persons and till date no accused has been arrested nor any charge sheet has been submitted by the police. It is further alleged that the petitioner has come to know that very soon the police will submit final report on extraneous considerations.
Without expressing any opinion on the merits of the FIR, this writ petition is, therefore, disposed of with a direction to the opposite parties No. 2 -Superintendent of Police, Kushinagar to ensure a fair and proper investigation in the aforesaid First Information Report and conclude the same preferably within a period of six months from the date of production of certified copy of this order.
Order Date :- 18.12.2019 SY