Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16738 of 2019 Petitioner :- Ram Prakash Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Sri Santosh Kumar Shukla, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and proper investigation in respect of FIR dated 05.03.2017, registered as Case Crime No. 90 of 2017, under Sections 307 of I.P.C.( later on converted u/s 302 of I.P.C.), P.S. Phaphund, District Auraiya.
Sri Sinha submits that pursuant to order passed by this Court, the Superintendent of Police, Auraiya has appointed Sri Gaya Prasad Verma as Investigating Officer and investigation is at the verge of completion. He next submitted that two weeks time be given to complete the investigation.
The prayer for adjournment has been seriously opposed by Sri Santosh Kumar Shukla who submits that instead of carrying the investigation, the concerned Investigating Officer is extending threat to the petitioner and asking him to compromise the matter.
It seems that police is not taking this matter seriously. In the facts and circumstances of the case, this Court has no option but to direct the personal presence of the Investigation Officer on 02.09.2019.
State counsel is obliged to forward copy of this order to Superintendent of Police, Auraiya and in turn Superintendent of Police, Auraiya is directed to depute some Senior Officer to accompany the Investigating Officer.
Petitioner would also be at liberty to file relevant document showing the threat extended to him.
List this case on 02.09.2019.
Order Date :- 26.8.2019 T.S./A. Tripathi