Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10800 of 2018 Petitioner :- Kushalpal Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Aishwarya Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.P. Singh, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent authorities to transfer the investigation of First Information Report dated 1.4.2015 registered as case crime no.0016 of 2015 under sections 147, 148, 452, 323, 324, 504, 506, 307 I.P.C., police station Vijaygarh, District Aligarh to the C.B.C.I.D./Vigilance or some other independent agencies.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He submitted that the concerned Investigating Officer had conducted the investigation and submitted final report thereafter the petitioner filed a protest petition in which learned Magistrate vide order dated 14.9.2017 had directed for further investigation in the matter but till date the investigation has not been concluded, hence he has come up before this Court by filing the present petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, further investigation which has been ordered by the Magistrate vide order dated 14.9.2017 shall be concluded by the Investigating Officer and shall submit a police report before the Magistrate concerned expeditiously preferably within a period of six weeks from the date of production of a certified copy of this order in accordance with law.
The S.S.P. Aligarh shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 AU