Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2838 of 2021 Petitioner :- Jeevan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State through Video Conferencing.
The petitioner has prayed for the following reliefs :
"A) Issue a writ, order or direction in the nature of mandamus directing the respondent no.4, i.e. Superintendent of Police, District Kaushambi to handover the investigation of case crime no.505 of 2020, under Section 302, 394 I.P.C., Police Station Manjhanpur, district Kaushambi from the local poli8ce to C.B.C.I.D., so that fair and impartial investigation may be done with the petitioner.
B) Issue a writ, order or direction in the nature of mandamus calling the progress report from respondent no.4 and 5 in case crime no.505 of 2020, under Section 302, 394 I.P.C., Police Station Manjhanpur, district Kaushambi.
C) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
D) Award the cost of the petition to the petitioner."
The prayer "A" at this juncture can not be granted. However, we direct the Superintendent of Police, Kaushambi to personally look into the matter as it is serious matter where a retired school Teacher has been done to death.
The mandamus is asked for directing the respondent nos.4 and 5 to report the progress.
After having heard the learned counsel for the parties and perused the impugned first information report as well as the other material brought on record, without expressing any opinion on the merit, we dispose of this writ petition with liberty to the petitioner to move an application before respondent no.4, Superintendent of Police, Kaushambi with the same prayer which has been made by him in this writ petition. In case any such application is filed by the petitioner before the respondent no.4 along with the computer generated copy of this order within a week from today, the respondent no.4 shall pass a fresh order for fair and impartial investigation within a week thereafter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.5.2021 R./Faridul