Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12330 of 2021 Petitioner :- Mohd. Sayeed @ Shahid And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard Sri Sanjeev Kumar Sharma, learned counsel for the petitioners and Sri G.P.Singh, learned AGA.
The present writ petition has been preferred with a prayer to issue a mandamus directing the respondent no. 2 and 3 to make the fair and proper investigation and conclude the enquiry within stipulated period in Case Crime No. 103 of 2021, under Sections 363, 366 IPC and 7/8 POCSO Act, P.S. Colnelganj, District Kanpur Nagar in pursuance of FIR dated 7.6.2021 (Annexure No. 1 to the writ petition).
Learned counsel for the petitioners submits that earlier the petitioners have preferred Crl. Misc. Writ Petition No. 6267 of 2021 (Mohd. Sayeed @ Shahid And Another v. State Of U.P. And 2 Others), which was disposed of by the coordinate Bench of this Court vide order dated 13.8.2021 with a direction to the respondent no. 2, i.e., Station House Officer, P.S.-Colonelganj, District - Kanpur Nagar, to produce the victim - Raunak (petitioner no. 2) before the Child Welfare Committee, Kanpur Nagar within a week from the date of order along with copy of the order, who shall determine her age in accordance with the provisions of Section 94 of Juvenile Justice (Care & Protection of Children) Act, 2015 and thereafter, shall proceed in accordance with law. He submits that in response to the aforesaid direction, petitioner no. 2 appeared before the Child Welfare Committee, Kanpur Nagar and her age was determined. He has placed reliance upon the medical report issued by CMO, Kanpur Nagar dated 10.6.2021 (Annexure No. 3) indicating therein age of the petitioner no. 2 about 18 years. He further makes submission that once in response to the direction dated 13.8.2021, no relief has been extended by the I.O. concerned, petitioners have again approached to this Court by preferring Crl. Misc.
Writ Petition No. 10435 of 2021 (Mohd. Sayeed @ Shahid And Another v. State Of U.P. And 2 Others). The same was dismissed by the order dated 27.11.2021 treating it to be second petitioner for the same relief. In this backdrop, learned counsel for the petitioners fairly submits that both the petitioners are marriageable age and with their own free will, they are living together, in such situation, the respondent authorities must ensure free and fair investigation within stipulate period as fixed by this Court.
Learned A.G.A. submits that that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and with the consent of the parties, the writ petition stands disposed of directing the second respondent to ensure the investigation of the aforesaid case fairly, impartially and expeditiously, preferably within two months from the date of production of a copy of this order before him.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.
Order Date :- 20.12.2021 A.K.Srivastava