Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14119 of 2018 Petitioner :- Jamiruddin Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Maimoona Fatima Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Maimoona Fatima, learned counsel for the petitioner, Sri Irshad Husain, learned Brief Holder appearing for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed for a direction in the nature of mandamus directing the State respondents to transfer the investigation of the case crime no.0123 of 2018 under sections 379, 411, 384, 195, 196, 166, 120B IPC Police Station-Shahganj, District Jaunpur to CB CID or any other independent investigating agency with a further prayer directing the State respondents to conclude the investigation in the aforesaid case crime.
Learned counsel for the petitioner submits that the petitioner is informant of the case and the police personnels are accused in the present petition who are respondent nos. 4 to 8. The present FIR has been lodged on an application under section 156 (3) Cr.P.C. The petitioner has come up before this Court for transferring the investigation to CB CID.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and as the accused respondent nos. 4 to 8 are police personnels, we deem it proper that the matter be investigated by CB CID. The CB CID is directed to investigate the matter and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order in accordance with law.
The S.P. Jaunpur shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 AU