Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15714 of 2020 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shailendra Kumar Singh,Birendra Singh Khokher Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed for a direction to the respondent No.3 to conclude fair investigation pursuant to the First Information Report dated 18.02.2020 registered as Case Crime No.95 of 2020, under Sections 302, 201, 120-B I.P.C. and 3(2) (V) of SC/ST Act, Police Station- Doghat district Baghpat.
We find that the petitioner has earlier filed Criminal Misc. Writ Petition No.6190 of 2020(Rajendra Singh Vs. State of U.P. and 6 others), which was disposed of vide order dated 28.7.2020 directing to conclude the investigation within a period of three months from the date of production of a copy of the order. The relief sought in the present writ petition is same as that in the aforesaid earlier writ petition and the relief was granted to the petitioner. Thus, the present writ eptition is the second writ petition for the same relief and cause of action. Therefore, it is not maintainable and Consequently, the writ petition is dismissed leaving it open to the petitioner to avail such remedy as may be available to him under law.
Order Date :- 7.1.2021 mt