Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17629 of 2019 Petitioner :- Smt. Ram Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
Learned counsel for the petitioner has filed a supplementary affidavit which is taken on record and has submitted that the date of FIR has wrongly been transcribed in the writ petition as 5.3.2017 whereas actually the FIR was lodged on 5.3.2019.
Learned counsel for the petitioner prays for and is permitted to correct the prayer in the stay application during the course of the day.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to direct the respondent police authorities to conduct the fair and impartial investigation of Case Crime No. 55 of 2019 under Section 304 IPC, Police Stgation Derapur, District Kanpur Dehat within stipulated period.
It is submitted by the learned counsel for the complainant- petitioner that the petitioner had lodged an FIR on 5.3.2019 against the three named accused persons in respect of death of her husband by them and only two persons has far been arrested by the police and the accused-respondent no.4 is roaming freely but no action has been taken so far to arrest him. The investigation is also going on snail's pace. The petitioner is facing constant threat to her life and property and as such a direction may be given to the respondent authorities for fair, speedy and impartial investigation in the instant case.
Learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation. Speedy investigation is quintessence of criminal justice.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the Superintendent of Police, Kanpur Dehat, respondent no.2, shall look into the matter and shall ensure that proper, effective and fair investigation is carried out and be concluded at the earliest preferably within three months from the date of production of a certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 28.6.2019 sfa/