Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 3158 of 2021 Petitioner :- Kamlawati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Jayant Banerji,J.
Sri R.K. Ojha, counsel for the petitioner and Sri Awadhesh Kumar Shukla, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and impartial investigation in respect of Crime No.119 of 2019 for the offence under Sections 419, 420, 467, 468, 471, 406, 323, 504 and 506 of I.P.C., P.S. Badhalganj, District Gorakhpur.
According to petitioner, on 5.4.2019, she lodged a report against bank employees under Sections 419, 420, 467, 468, 471, 406, 323, 504 and 506 of IPC, but till date nothing has been done by the police authorities. An apprehension has been shown by the petitioner that either the police is protecting the accused or is not interested to take any action against them. Learned counsel has prayed for issuance of suitable direction for fair and impartial investigation.
State counsel submits that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.
The present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within three months from the date of production of a copy of this order before them.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner(s) alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
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 :- 28.7.2021 RK