Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11359 of 2019 Petitioner :- Munni Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ajay Kumar Dwivedi, learned counsel for the petitioner as well as learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to direct the concerned investigating officer to conclude the investigation against the respondent nos. 4 to 7 in Case Crime No. 0103 of 2019 under Sections 376D, 452, 323, 506 I.P.C. & Section 5/6 POCSO Act, Police Station-Tundla, District-Firozabad.
It is submitted by the learned counsel for the complainant petitioner that the F.I.R. was registered on 23.02.2019 against the respondent nos. 4 to 7 in respect of the incident occurred on 19.01.2019. The accused respondents were instrumental in enticement of his minor daughter which eventually resulted in her gang rape. The F.I.R. lodged against the respondent nos. 4 to 7 which was registered as Case Crime No. 0103 of 2019 under Sections 376D, 452, 323, 506 I.P.C. & Section 5/6 POCSO Act, Police Station-Tundla, District-Firozabad and the police authorities have not taken any action against the aforesaid accused respondents. The investigation is going on in snail's pace. It is further submitted that the respondent nos. 4 to 7 are extending constant threats to the life and security of the complainant and the witnesses. Hence a direction may be given to the respondent authorities for fair, speedy and impartial investigation in the instant case.
Learned A.G.A. contended that investigating officer is under bounden duty to carry out speedy fair and impartial investigation which is quintessence of criminal justice.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the Superintendent of Police, Firozabad, respondent no.3 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 :- 30.4.2019 Rahul.