Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8085 of 2021 Petitioner :- Nazir Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Amir Khan Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and the learned AGA.
The instant writ petition has been preferred with a request commanding the respondent authorities to transfer the investigation of Case Crime No. 301 of 2021, P.S. Sahaswan, District Budaun to some other investigating agency or police station other than police station Sahaswan, District Budaun and the proceed the investigation of the same with Case Crime No. 323 of 2021, P.S. Sahaswan, District Budaun.
The writ petition has been entertained on 24.9.2021 and the Court has proceeded to pass the following order.
"It is contended that two first information reports had been lodged by rival parties for the same incident, which occurred on 10.07.2021 at about 11.30 p.m. The investigation of Case Crime No. 323 of 2021 under Sections 147, 149, 452, 323 and 406 I.P.C., Police Station Sahaswan, District Budaun has been handed over to the Crime Branch of District Budaun by the order dated 10th August, 2021 passed by the Senior Superintendent of Police, Budaun. The first information report lodged by the complainant namely F.I.R. No. 301 of 2021 dated 11.07.2021, however, is being investigated by the Investigating Officer of Police Station Sahaswan, District Budaun. The prayer is to transfer the investigation to the Crime Branch.
Learned A.G.A. prays for and is granted ten days' time to seek instructions from the Senior Superintendent of Police, Budaun.
Let the written instructions be filed before the next date fixed. As prayed, put up this matter as fresh on 05th October, 2021. "
Today, on the basis of instructions it has been apprised admittedly in the FIR registered as Case Crime No. 323 of 2021, P.S. Sahaswan, District Budaun, the investigation has been transferred to the Crime Branch by order dated 10.8.2021 passed by the SSP, Budaun. Learned AGA has no objection, in case, the matter is referred to the S.S.P. Budaun to do the needful.
In the facts and circumstances, no useful purpose would be served keeping the writ petition pending for consideration and on consent, the writ petition stands disposed of asking the S.S.P. Budaun to take the appropriate decision expeditiously so that both the aforementioned cases may be investigated by the same investigation agency.
It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner.
Order Date :- 27.10.2021 A.K.Srivastava