Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10876 of 2021 Petitioner :- Janjeerwati Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Dharmendra Dhar Dubey Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. Present petition has been filed with following prayers:-
"I. Issue, a writ, order or direction in the nature of Mandamus commanding respondent authorities to transfer investigation another police station of F.I.R. dated 10.10.2021 arising out of Case Crime No. 0598 of 2021 under Section 302, 504, 506 I.P.C., Police Station Fareedpur, District Bareilly.
II. Issue, a writ, order or direction in the nature of Mandamus, thereby directing to the Director General of Police or Competent authorities to provide security to the petitioner and her family members till the completion of investigation and trial on F.I.R. dated 10.10.2021 arising out of Case Crime No. 0598 of 2021, under Section 302, 504, 506 I.P.C., Police Station Fareedpur, District- Bareilly.
III. Issue, any other or further suitable writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
IV. Award cost of petition in favour of the petitioner."
On 27.11.2021 following order was passed:-
"Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
This petition has been filed by the petitioner commanding the respondents authorities to transfer investigation another police station of F.I.R. dated 10.10.2021 arising out of Case Crime No. 0598 of 2021, under Section 302, 504, 506 IPC, Police Station Fareedpur, District Bareilly.
Learned counsel for the petitioner drawing the attention to annexure 5 and 6 to the writ petition that complaints regarding investigation have already been filed before the authorities concerned.
Learned AGA may seek instructions in the matter from S.S.P. Bareilly, District Bareilly.
Put up as fresh on 21.12.2021."
Pursuant to the order dated 27.11.2021, learned A.G.A. on the basis of the instructions submitted that statement of five witnesses including that of informant have already been recorded.
Learned counsel for the petitioner submitted that the investigation is being conducted under the influence of the accused persons, who are threatening the informant- petitioner herein and her family members.
After hearing learned counsel for the parties, we intend to dispose of the present petition with a direction to the respondent no. 3, Senior Superintendent of Police, Bareilly, District- Bareilly to consider the grievance of the petitioner on its own merits after giving opportunity of hearing to the petitioner, Janjeerwati preferably within a period of three weeks' from the date of production of certified copy of this order.
The petitioner is also at liberty to file fresh application along with certified copy of this order before the respondent no. 3, Senior Superintendent of Police, Bareilly, District- Bareilly.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 21.12.2021 Aditya