Court No. - 76
Case :- MATTERS UNDER ARTICLE 227 No. - 9008 of 2019 Petitioner :- Praveen Kumar Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Kamlesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. This writ petition has been filed with the prayer to direct the court below to ensure the proper investigation in the matter and monitor the investigation or to direct the Superintendent of Police, Deoria to ensure the proper investigation in Case Crime No. 1125 of 2015, under Sections 419, 420, 406, 467, 468, 504, 506, 477A IPC, P.S. Salempur, District-Deoria.
3. It has been contended by learned counsel for the petitioner that the petitioner is proprietor of Sumitra Bharat Gas Agency, Majhauliraj and he has appointed the respondent no.4 Rajesh Kumar Tiwari as a Manager of the said agency. He has left the station for the reason of his mother's treatment and when he returned, he found certain deficiency in the agency, therefore, the petitioner moved an application for lodging F.I.R. Subsequently, when nothing was done, the petitioner moved an application under Section 156(3) Cr.P.C. before the concerned Magistrate in which the concerned Magistrate passed an order for registration of F.I.R. and investigate the matter. Hence, the F.I.R. was registered as Case Crime No. 1125 of 2015, under Sections 419, 420, 406, 467, 468, 504, 506, 477A IPC, Police Station-Salempur, District-Deoria.
4. It has further been contended by learned counsel for the petitioner that after passing the order of the concerned Magistrate, F.I.R. was lodged but the investigation was not being conducted, therefore, the petitioner has approached before this Court by means of Cri. Misc. Writ Petition No. 18463 of 2017 wherein the co-ordinate Bench of this Court vide order dated 15.09.2017 was pleased to direct the S.S.P./S.P., Deoria to look into the matter personally. It has further been contended that after the order dated 16.07.2018 passed by the Hon'ble Apex Court on Special Leave Petition filed by the petitioner, the investigation was completed and final report was submitted against which the petitioner filed a protest petition before the concerned court below. The concerned court below vide order dated 10.12.2018 allowed Misc. No. 178 of 2017 (Praveen vs. Rajesh) and after setting aside the final report, directed the concerned Station House Officer to further investigate the matter. After passing of the order dated 10.12.2018 by which further investigation was directed, no steps have been taken by the Investigating Officer to proceed with the investigation even after passage of one year.
5. In the facts and circumstances of the case, present petition stands disposed of with a direction to the concerned court below to conclude the investigation in the aforesaid matter, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 17.12.2019 JK Yadav