Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11430 of 2019 Petitioner :- Mahangi Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Ashish Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A.G.A.
By means of present writ petition, the petitioner has prayed for direction in the nature of mandamus commanding the respondent no.2 to make an enquiry pursuant to the application, dated 9.4.2019 moved by the petitioner which relates to false implication of his two sons, namely Lalu Yadav and Mulayam Yadav in various cases by the respondent nos.6 to 11.
It is submitted by the learned counsel for the petitioner that the two sons, namely Lalu Yadav and Mulayam Yadav of the petitioner have falsely been implicated by the respondent nos.6 to 11 in several cases. The petitioner had moved an application dated 9.4.2019 vide Annexure-12 of the writ petition before the Additional Director General of Police, Varanasi, respondent no.2 with regard to as many as 16 cases lodged against his sons by the police personnel in a high handed manner. The false cases registered against both the sons of the petitioner have caused immense mental harassment to the petitioner and his entire family, hence inquiry may be done against the police personals who are lodging false cases so as to put them behind the bar. The glaring example of false implication of the petitioner's sons by the respondent no.11 on 15.3.2019 when the petitioner's son Lalu Yadav was returning back after participating in court proceeding of Case No.3432 of 2018, State Vs. Lalu Yadav, Police Station Rohaniya, District Varanasi pending in the court of Special Chief Judicial Magistrate, Varanasi he was apprehended by the personal personnel of Police Station Shivpur from the outside of the District Court, Varanasi and case was also lodged on 19.3.2019 as Case Crime No.142 of 2019 under Section 34/307 IPC. The petitioner's sons are being unnecessary harassed by the respondents-police authorities by registering false cases against them one after the other when prior to 2018 they were never involved or indulged in any offence. As such the petitioner has no efficacious remedy available, except to invoke the extra ordinary power conferred under Article 21 of the Constitution of India for enforcement of his right. An appropriate direction may also be given to the respondent authorities for fair and impartial investigation in the cases.
Learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation not only victim of case but the accused has also right to have fair and unbiased investigation.
Regard being had to the facts and circumstances of the case, a fair investigation cannot be denied the right flows necessarily from Article 21 of the Indian Constitution which makes it obligatory upon the State not to deprive any person of his life or personal liberty except according to procedure established by law. In law the expression justice comprehends not merely a just decision but also a fair trial which also includes fair investigation. Fair and unbiased investigation are the cannons of our criminal jurisprudence, it is apt to quote:-
"Jennison Vs. Baker 1972 (1) ALL ER 997=(1972) 2OB52, wherein it was pithily stated:
"Law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope. "Increasingly people are believing as observed by Salmond quoted by Diogenes Laertius in "Lines of the philosophers" laws are like spiders webs, if some light or powerless thing falls in to them, it is caught, but bigger one can break through and get away. Jonathan Swift in his "Essay on the Faculties of the Mind" said in similar lines: "laws are like of cob webs, which may catch small flies, but let wasps and hornets break through."
In view of the above conspectus, we direct the Additional Director General of Police, Varanasi, respondent no.2 and the Senior Superintendent of Police, Varanasi, respondent no.5 to take effective steps to supervise over the matter and the investigating officer shall undertake the investigation looking to the overall facts and circumstances with a view to instill trust in the petitioner and to allay any apprehension from his mind to ensure impartial and fair probe in the cases.
In the light of above, the writ petition stands disposed of.
Order Date :- 30.4.2019/M. Tariq