Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17098 of 2019 Petitioner :- Om Prakash Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vijay Kumar Dubey 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 instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no.3 to conduct fair investigation pursuant to the first information report dated 3.4.2018 registered as Case Crime No.129 of 2018 under Sections 147, 323, 452, 504, 506 I.P.C. read with Section 3(1)(D) and 3(1)(Dh) of SC/ST act, Police Station Bakhira, District Sant Kabir Nagar.
It is submitted by the learned counsel for the petitioner that the first information report was lodged on 3.4.2018 against the named respondents 4 to 7 who had assaulted him with lathi-danda and fisticuffs. Thereafter the respondents had escaped from the spot causing serious injuries to the petitioner as well as his family members. Even after lapse of more than one year, no action has been taken by the respondent no.3 either to arrest the accused persons or to conclude the investigation. The accused respondents are threatening the petitioner of dire consequences and also pressuring to withdraw the case hence the petitioner has approached this Court under extraordinary jurisdiction of this Court to direct the concerned Police authorities to conclude the investigation in a fair and impartial manner.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretense, it is provided that the Senior Superintendent of Police, Sant Kabir Nagar respondent no.2 shall take effective steps to supervise over the matter issuing mandate to the investigating officer to proceed with the investigation in a very fair, unbiased and impartial manner who will conclude it expeditiously preferably within two months from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.
Order Date :- 25.6.2019 Jyotsana