Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16652 of 2019 Petitioner :- Rahul Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R.K. Vaishya, learned counsel for the petitioner, Sri Irshad Hussain, 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 no. 2 to conduct fair and impartial investigation in relation to F.I.R. dated 28.5.2019 registered as case crime no. 111 of 2019 under section 302 I.P.C., police station Binawar, District Budun.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He lodged the present F.I.R. for the murder of his father. He has disclosed the identity of two accused persons, namely, Satyendra Singh and Nanhey Singh, who happen to the relative of respondent no. 5, hence the police is trying to implicate the petitioner in the murder case of his father.
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 Superintendent of Police Budaun to depute a responsible Officer and ensure that the investigation be done in a fair manner and further ensure that the Investigating Officer of the present case shall 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. Budaun shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Shiraz