Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2394 of 2021 Petitioner :- Nagma Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anees Ahmad Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Rajeev Misra,J.
Heard Sri Anees Ahmad, learned counsel for the petitioner and Ms Sanyukta Singh, learned counsel for the State through video conferencing.
This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and impartial investigation in respect of Crime No.173 of 2020 for the offence under Sections 498-A, 323, 504, 506 of IPC and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2018, Police Station Mirzapur District Shahjahanpur.
According to the petitioner, on 20.6.2020, she lodged an FIR against respondent nos. 4 to 8, but till date nothing has been done by the police. Learned counsel submits that a direction may be issued to the police authorities to investigate the matter fairly and impartially.
State counsel submits that the police authorities are under an obligation to do the investigation fairly, impartially and expeditiously and, if the investigation has not already been done, the same would be done in accordance with law expeditiously.
The present petition is disposed of, directing the police authorities to conclude the investigation of the said case expeditiously in accordance with law on the basis of evidence so collected, within a period of two months from the date of production of a copy of this order.
It would be the duty of the State to communicate this order to the concerned Station House Officer and concerned Superintendent of Police. The Superintendent of Police, to look into the matter personally and ensure compliance of this order.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioner (s), along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 4.5.2021 RKK/-