Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5447 of 2019 Petitioner :- Khusbu Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamal Kishor Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The petitioner seeks a direction upon the respondent authorities to conduct fair and proper investigation or transfer the investigation to other police station or authority of Case Crime No. 678 of 2018, under Section 302 I.P.C., P.S. Nawabganj, District Allahabad.
The petitioner is neither an accused nor she is the informant of the case and is also not an eye-witness of the incident but appears to be widow of the deceased and, therefore, could be taken as a person aggrieved.
The first information report has been lodged by brother of the deceased naming three persons. One of the persons involved is a close relative of the petitioner and therefore she has come with a prayer to transfer the investigation to any other police station or authority.
As there is no specific allegation against the Investigating Officer, who is currently investigating the case, the prayer of the petitioner is not acceptable.
The petition is dismissed, at this stage, without prejudice to her right to represent to higher police authorities in case she has grievance against the investigating officer or against the manner in which investigation is being conducted by specifically disclosing the lapses, if any.
Order Date :- 28.2.2019 Sunil Kr Tiwari