Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12448 of 2021 Petitioner :- Niti Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Rai,Anil Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
In pith and substance, the petitioner is seeking direction to respondents authority to complete the investigation of Case Crime No. 152 of 2021 under Sections 323, 504, 506, 494, 313, 377, 511 I.P.C. Police Station Phaphamau, District Prayagraj within stipulated period. Further prayer is to direct the respondents authority to transfer the investigation of the aforementioned case crime number to some police station in District Prayagraj.
According to petitioner, she lodged a report against private respondents under the aforesaid Sections, but till date nothing has been done by the police authorities. An apprehension has been shown by the petitioner that either the police is protecting the accused or is not interested to take any action against them. Learned counsel has prayed for issuance of suitable direction for fair and impartial investigation.
Learned A.G.A. submits that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.
The present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within three months from the date of production of a copy of this order before them.
At this stage, it is submitted by the learned counsel for the petitioner that husband of the petitioner is Head Constable in the very same police station where the investigation is to be carried out.
In view of the aforesaid, petitioner is at liberty to move appropriate application before the authority concerned for transfer of investigation who, in turn, shall consider the same on its own merits and pass appropriate order.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.
Order Date :- 22.12.2021/Ram Murti