Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 15169 of 2019 Petitioner :- Jay Rani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent authorities to investigate the case in pursuance of the first information report dated 16.12.2018 registered in case Crime No. 429 of 2018, under Sections 302 and 201 I.P.C., police station Kotwali Katra, district Mirzapur.
It is submitted by the learned counsel for the petitioner that the petitioner is the wife of the deceased Mahadeo who was done to death in mysterious circumstances. A first information report was lodged by the Sub Inspector Bhuneshwar Pandey on 16.12.2018 against unknown persons, when the petitioner came to know about the death of her husband, she has moved an application before the police authorities on 11.3.2019 apprising that her husband has been done to death in a planned manner by some persons, namely, Santara Devi, Mahesh, Ganesh, Kali Prasad, Rajesh Kumar and Shiv Darshan, no action has been taken till date to arrest the accused persons. The accused persons are roaming freely and extending threat to the life of the petitioner that in case she moves before any authority, she will face dire consequence, hence the respondent no. 2 may be directed to direct the Investigating Officer to conclude the investigation in fair, impartial and expeditious manner to book the actual culprit behind the bar.
The learned A.G.A. could not put forth any plausible explanation for the delay in investigating the case. Once the first information report has lodged in a cognizable offence, the respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the Superintendent of Police, Mirzapur, respondent no. 2 is directed to make its earnest endeavour to ensure fair and impartial investigation and be concluded within a period of three months from the date of production of a certified copy of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 30.5.2019 Shahnawaz