Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4708 of 2019 Petitioner :- Krishna Awtar Verma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ulajhan Singh Bind,Rekha P. Lal Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
By means of the present writ petition, the petitioner who is the complainant, has invoked extraordinary jurisdiction of this Court with a prayer to direct the concerned investigating officer to conclude the investigation against the respondent nos. 4 to 6 in Case Crime No. 680 of 2018, under Sections 307, 504, 506 I.P.C., P.S. Mudhapandey , District- Moradabad, within stipulated period.
It is submitted by the learned counsel for the petitioner that first information report was lodged by the petitioner against named accused persons on 8.12.2018 but till date no action has been taken by the authority concerned either to arrest or to conclude the investigation. The investigation is on going in snail's pace as such the concerned authorities may be directed to conclude the investigation in a fair and impartial manner within stipulated period.
Per contra learned AGA has submitted that fair and impartial investigation is the essence of justice as the concerned authorities are under bounden duty to carry out fair and impartial investigation.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the respondent no. 2, Superintendent of Police, Moradabad shall look into the matter and shall ensure that proper, effective and fair investigation be carried out and be concluded to its logical end at the earliest preferably within three months from the date of production of a certified copy of this order.
With the aforesaid direction, the writ petition is disposed of. Order Date :- 21.2.2019 Vandana