Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8747 of 2021 Petitioner :- Krishna Sharma Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Anjani Kumar Shahwal Counsel for Respondent :- G.A.,Aditya Gupta,Harsh Vardhan Gupta
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State respondents and Shri Aditya Gupta, learned counsel for respondent no.6 and 8.
The present writ petition has been filed inter-alia with following reliefs:-
i) Issue a writ, order or direction in the nature of Mandamus commanding/directing the respondent authorities to transfer the investigation in respect of the First Information Report dated 05.03.2021 in Case Crime no.29/2021 under Section 498-A, 323, 376, 354, 307, 506, 342, 494, 324, 406, 383 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar.
ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the independent agency to make the fair investigation in pursuance to the First Information Report dated 05.03.2021 in Case Crime no.29/2021 under Section 498-A, 323, 376, 354, 307, 506, 342, 494, 324, 406, 383 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar.
Shri Aditya Gupta, learned counsel for the respondent no.6 and 8 vehemently opposed the writ petition on the ground of concealment of material fact. He submits that private respondents have already been accorded interim protection in Anticipatory Bail Application no.1708/2021 (Bipin and others vs. State of U.P.) by order dated 05.04.2021 passed by the Sessions Court. The petitioner has filed an application for cancellation of the said protection and the same is within the knowledge of the petitioner and without disclosing the aforesaid fact, the present writ petition has been preferred, therefore, the writ petition is liable to be dismissed with heavy cost.
Confronted with this situation, learned counsel for the petitioner submits that there had been lull in the investigation for fairly long spell causing inordinate delay and that the prosecution had not filed its report contemplated under Section 173 Cr.P.C. Therefore, it is imperative that if investigation of a criminal proceeding staggers on with tardy pace due to the indolence or inefficiency of the investigating agency causing unreasonable and substantial delay resulting in grave prejudice or disadvantage to the accused, the Court as the protector of the right and personal liberty of the citizen will step in and resort to the drastic remedy and reprieve the petitioner.
Admittedly, the investigation is still inconclusive. In the facts and circumstances of the case, the writ petition is disposed of directing the police authorities/Senior Superintendent of Police, Gautam Budh Nagar to conclude the investigation of the said case fairly, impartially and expeditiously.
Order Date :- 27.10.2021 A. Pandey