Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26007 of 2019 Petitioner :- Raj Kali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tushar Kant Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no.2 to get the fair investigation conducted pursuant to the F.I.R. lodged at Case Crime No.110 of 2019, under Sections 419, 420, 406, 467, 468, 471, 506 I.P.C., P.S.- Karachhana, District- Prayagraj.
It is submitted by the learned counsel for the petitioner that the first information report was lodged on 30.03.2019 against the named accused persons that they have got forged sale deed executed of the land of the petitioner. The police authority in connivance with the accused is not conducting fair investigation, rather the petitioner is being extended threat of dire consequences. Hence the petitioner has no other remedy except to invoke the extraordinary power conferred upon this court under Article 226 of the Constitution of India for enforcement of her right to have a fair and impartial investigation against the accused/respondents involved in the commission of offence.
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 pretence, it is provided that the Superintendent of Police, Prayagraj, respondent no.2 shall get 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 three 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.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2019 Krishna