Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16587 of 2019 Petitioner :- Nagesh Dubey Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Saumitra Dwivedi Counsel for Respondent :- A.S.G.I.,G.A.,Sanjay Kumar Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Saumitra Dwivedi, learned counsel for the petitioner, Sri Raman Saxena, learned counsel for Union of India, Sri Sanjay Kumar, Advocate holding brief of Sri Ghyan Prakash, learned counsel for C.B.I., Sri Irshad Hussain, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent authorities to conduct fair and impartial investigation or transfer the same to the C.B.C.I.D. or some other independent agencies in relation to F.I.R. dated 01.11.2018 registered as Case Crime No. 237 of 2018, under Section 394 I.P.C., Police Station- Baksha, District- Jaunpur.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He lodged the present F.I.R. on 01.11.2018 but till the investigation has not been concluded, hence she has come up before this Court by filing the present petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
After having examined the submission advanced by learned counsel for the parties there appears to be no ground for transferring the investigation to C.B.I. which is hereby refused.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order in accordance with law.
The S.P. Jaunpur shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
Order Date :- 14.6.2019/Shubhankar (Vivek Varma,J.) (Ramesh Sinha, J.)