Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23529 of 2018 Petitioner :- Rahmat Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Mishra,Ritesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Mishra, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent nos. 1 and 2 to conduct fair and impartial investigation in relation to F.I.R. dated 26.6.2018 registered as case crime no. 373 of 2018 under sections 147, 148, 149, 307, 452, 323, 504 I.P.C., police station Mudha Pandey, District Moradabad.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He submits that though the victim has received gun shot injuries but the offence under section 307 I.P.C. which was mentioned in the F.I.R. has been dropped and the investigation has not been concluded, hence he has come up before this Court by filing the present petition. He further pointed out that the petition filed by the accused persons, i.e., Crl. Misc. Writ Petition No. 17890 of 2018 has been dismissed by this Court.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order in accordance with law.
The S.P. Saharanpur shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.8.2018 Shiraz