Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17400 of 2019 Petitioner :- Neha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- D.M.Tripathi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The grievance of the petitioner is that though he has lodged a report on 17.12.2018 against the private respondent no.4 which has been registered as case crime No. 0286 of 2018, under Section 376, 506 IPC, P.S. Karari, District Kaushambi, but the respondent-authorities are not concluding the investigation.
It is submitted by the learned counsel for the complainant- petitioner that the petitioner who is a victim has lodged the FIR against the accused-respondent no. 4 for ravishing her. The FIR was registered on 17.12.2018 and her statement under Section 164 Cr.P.C. has also been recorded but neither the accused has been arrested nor the investigation has been concluded, rather the accused is pressurizing her to withdraw the case and extending threaten to her life. The life and liberty of the complainant and the witnesses are in imminent danger, hence the respondent authorities may be directed to make fair and impartial investigation.
Per contra learned AGA contended that investigating officer is under bounden duty to carry out fair and effective investigation.
Considering the facts and circumstances of this case and the gravamen of offence, it is provided that the Superintendent of Police, Kaushambi, respondent no.2 shall look into the matter and shall ensure that proper, effective and fair investigation is 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, this writ petition is disposed of.
Order Date :- 25.6.2019 sfa/