Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5502 of 2019 Petitioner :- Smt. Madhuri Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- M J Akhtar 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 has invoked extraordinary jurisdiction of this Court with a prayer to direct the concerned respondents-authorities to conclude the investigation in Case Crime No.264 of 2018, under Sections 147,323,504,506,427,452,354 IPC and Section 3(1)(Da) & Section 3(1)(Dha) of S.C./S.T. Act, P.S. Nebuwa Naurangiya, District Kushinagar within stipulated period.
It is submitted by the learned counsel for the complainant petitioner that the petitioner has lodged an FIR on 25.7.2018 on the basis of an application under Section 156(3) Cr.P.S. against 11 named accused persons in respect of hurling abusive language, assaulting, slinging caste aspersion and extending threat to life to her and his daughter-in-law. It is further submitted that till date no action has been taken by the respondents against the accused persons who are roaming freely and extending threat to the life and liberty of the petitioner.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the Superintendent of Police, Kushinagar, respondent no.4, shall look into the matter and shall ensure that proper, effective and fair investigation be carried out and be concluded at the earliest preferably within two 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 :- 28.2.2019 M. Tariq