Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8884 of 2021 Petitioner :- Prem Kishor Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Sharan Tripathi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,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 the respondent no. 2 to 4 to properly investigate the Case Crime No. 290 of 2021, under Sections 302, 504 IPC and 3(2)(V) SC/ST Act, P.S. Harduaganj, District Aligarh.
According to the petitioner, on 22.7.2021, he lodged the impugned F.I.R. against private respondent 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. As such, learned counsel for the petitioner prayed for issuance of suitable direction for fair and impartial investigation.
Learned A.G.A. submits that 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 writ petition is disposed of directing the second respondent to ensure the investigation of the aforesaid case fairly, impartially and expeditiously, preferably within two months from the date of production of a copy of this order before him.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 A.K.Srivastava