Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17094 of 2019 Petitioner :- Smt. Karamjeet Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,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 victim/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent nos.2 & 3 to conduct fair investigation pursuant to the first information report dated 14.12.2018 lodged against the respondent no.4 as Case Crime No.803 of 2018, under Sections 376,506,511 IPC and Section 7/8 of P.O.C.S.O. Act, P.S. Hariparvat, District Agra.
It is submitted by the learned counsel for the petitioner that an FIR was lodged by the petitioner-victim against the respondent no.4 on 14.12.2018 in respect of ravishing her modesty. The respondent no.4 approached this Court by way of filing Criminal Misc. Writ Petition No.173 of 2019 challenging the said FIR. The co-ordinate Bench of this Court disposed of the said petition vide order dated 8.1.2019 providing that in case, respondent no.4 appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
It is further submitted that the statement of the petitioner u/S 164 Cr.P.C. has already been recorded on 20.12.2018, but the investigation has yet not been concluded and the police authorities are trying to protect the accused respondent no.4 who is extending constant threats to the life and security of the victim-petitioner and the witnesses to withdraw the case. The petitioner has no other remedy except to invoke the extraordinary power conferred upon this court under Article 226 of the Constitution of India for enforcement of her right to have a fair and impartial investigation against the accused- respondent no.4 involved in the commission of heinous offence.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. 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 substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretence, it is provided that the Senior Superintendent of Police, Agra, respondent no.2 shall take effective steps to supervise over the matter issuing mandate to the investigating officer to proceed with the investigation in a very fair, unbiased and impartial manner who will conclude it expeditiously preferably within three months from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.
With the above direction, this petition is finally disposed of.
Order Date :- 24.6.2019 M. Tariq