Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14195 of 2018 Petitioner :- Sahadur Yadav Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Ashok Malaviya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ashok Malaviya, learned counsel for the petitioner, Sri A.K. Sand, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent concerned to conduct fair and impartial investigation in relation to F.I.R. dated 25.01.2018 registered in case crime no. 32 of 2018 under sections 147, 452, 323, 504, 506 and 354 Kha I.P.C. police station Chaubepur, District Varanasi. and direct the respondent concerned to conduct the fair investigation taking into consideration of the statement of Km. Sushila (daughter of petitioner) recorded under section 164 Cr.P.C. in connection of committing rape by Virendra/respondent no.5 with the daughter of the petitioner.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He lodged the present F.I.R. on 25.01.2018 but till date the investigation has not been concluded, hence he has come up before this Court by filing the present petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order in accordance with law.
The S.S.P., Varanasi shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
(D.K. Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018 A. Mandhani