Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 34287 of 2018 Petitioner :- Ram Sanehi Chaudhary Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Manish Gupta,Hari Pratap Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for the State respondent nos. 1 to 4 and perused the record.
The instant petition seeks a direction upon the Investigating Officer to complete the investigation of case being Case Crime No. 586 of 2016, under Sections 147, 148, 323, 325, 504, 506, 394 IPC at Police Station Ramkola, District Kushinagar and to ensure recovery of the stolen articles as also to arrest the accused.
On 10.01.2019, we had passed the following order:
"On 28th November, 2018, this Court had passed following order: "Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 01.12.2016 in Case Crime No. 0586 of 2016, under Sections 147, 148, 323, 325, 504, 506, 394 I.P.C., P.S. Ramkola, District Kushinagar.
It is submitted by learned counsel for the petitioner that the impugned F.I.R. was lodged after an unexplained delay of two years, but till date neither the looted property has been recovered nor named accused has been arrested.
The submission advanced by the learned counsel for the petitioner prima facie appears to have some substance. The matter requires consideration after receiving response from the opposite parties. It appears that the Investigating Officer of the case is accompanied with the accused.
Notices on behalf of respondent Nos. 1, 2, 3 and 4 has been accepted by learned AGA. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to respondent Nos. 5 to 10 who shall also file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks' thereafter. List this case on 10.01.2019.
On that date the Investigating Officer of the case shall appear before this Court in person with the case diary."
Learned AGA stated that the information of the order was sent to the Investigating Officer concerned but he has not appeared.
Let bailable warrant be issued to the Investigating Officer of Case Crime No.0586 of 2016, under Sections 147, 148, 323, 325, 504, 506 and 394 IPC, police station Ramkola, district Kushinagar securing his presence before the Court on 30th January, 2019.
List this matter on 30th January, 2019.
Let a copy of this order be supplied to the learned AGA for compliance."
Pursuant to the said order, a counter affidavit has been filed by the Investigating Officer , who is also present before the Court in person, in which explanation for his absence on previous date has been submitted, which is found satisfactory.
In the counter affidavit, it has been stated that the investigation was completed and charge sheet no. 140 of 2017 dated 19.05.2017 was submitted in the Court, on which cognizance has been taken on 28.01.2019. A copy of the charge sheet has been enclosed as CA-1, which discloses that it was dispatched on 19.05.2017.
In view of the above, if the petitioner has any grievance, he may place the same before the Court, where the charge sheet has been submitted.
With the aforesaid liberty, this petition is disposed off.
Order Date :- 30.1.2019 Lbm/-