Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Siddhartha Sinha, learned counsel for the petitioner, Shri S.P. Singh, learned Additional Government Advocate for the State-respondent nos.1 to 3, Shri Shiv P. Shukla, learned counsel for respondent no.5-the Central Bureau of Investigation.
.
This writ petition has been filed by the petitioner praying the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR (Annexure No. 1) registered as Crime No./FIR No. 139/2021, under Sections 302, 323 IPC, Police Station Aliganj, District Lucknow North (Commissionerate Lucknow) along with the consequential inquiry, investigation, being conducted on the basis of the said FIR.
(ii) Issue an appropriate writ, order or direction staying the arrest of the petitioner because of the FIR registered as Crime No./FIR No. 139/2021, under Sections 302, 323 IPC, Police Station Aliganj, District Lucknow North (Commissionerate Lucknow).
(iii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite party nos. 1 to 3 to ensure free and fair investigation into the matter.
(iv) transfer the instant impugned case for fair investigation to some other independent agencies like Central Bureau of Investigation."
In compliance of the order dated 13.08.2021 passed by this Court, personal affidavit of The Commissioner of Police, Lucknow has been filed. The same is taken on record.
From the perusal of the aforesaid affidavit, it is apparent that the genuineness of the video clippings, which have been annexed as Annexure No. 6 to the petition (page nos. 77 to 82), has been inquired by the Assistant Commissioner of Police, Aliganj, Lucknow. So far as the other query made by the Court in its order dated 13.08.2021, it has been stated that the deceased had not consumed alcohol as per the statement recorded under Section 161 Cr.P.C. of the Doctor, who has conducted post mortem of the deceased. It has been further submitted that the statement of the injured witness has also been recorded wherein a suspicion has been raised by the said witness regarding conspiracy of the murder of the deceased. In paragraph no. 11 of the said affidavit, it has been stated that the Investigating Agency is not conducting any effort to arrest the petitioner.
In view of the averment made in Paragraph 11 of the aforesaid personal affidavit, we dispose of this petition with a direction to the Investigating Officer of the case to conclude the investigation within a period of six weeks from the date of production of certified copy of this order and submit appropriate police report under Section 173(2) Cr.P.C. before the competent Court.
The Commissioner of Police, Lucknow is also directed to ensure that the investigation of the present matter is conducted in a fair and impartial manner.
Since the Commissioner of Police, Lucknow has already been directed to ensure fair investigation of the present matter, there is no ground to transfer the case to some other agency as the relief no. 4 sought by the petitioner in this petition.
.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 17.8.2021 Arun