Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 3659 of 2021 Petitioner :- Sahina Naaz Respondent :- State Of U.P And Others Counsel for Petitioner :- Diwan Saifullah Khan, Abhishek Ankur Chaurasia Counsel for Respondent :- G.A
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and Mrs. Archana Singh, learned AGA-I for the State-respondent.
In the present matter, the Court has proceeded to pass a detailed order on 23.9.2021 to the following effect.
"Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying inter-alia the following reliefs:
"I. issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to transfer the investigation of the First Information Report dated 22.01.2021 being Case Crime No. 44 of 2021, under Sections-452, 354, 376, 323, 504, 506 I.P.C. and 5m/6 POCSO Act, Police Station Bhelupur, District-Varanasi (contained as Annexure no. 1 to this writ petition) to some equally competent investigating agency so that the proper and fair investigation may be conduced and justice may be done.
ii. issue a writ, order or direction in the nature of mandamus commanding the respondents to produce the progress report before this Hon'ble Court of the First Information Report dated 22.01.2021 being Case Crime No. 44 of 2021, under Sections:452, 354, 376, 323, 504, 506 I.P.C. and 5m/6 POCSO Act, Police Station-Bhelupur, District-Varanasi."
Learned counsel for the petitioner states that the First Information Report was lodged on 22.01.2021, but in spite of best efforts and repeated indulgence accorded by this Court, till date, inquiry has not been concluded in the matter.
We have also occasion to peruse the First Information Report as well as contents of the counter affidavit, filed by a Senior Sub Inspector of Police, Police Station-Bhelupur, District-Varanasi, and find that till date, in spite of sufficient time, inquiry has not been concluded. Let, Superintendent of Police, Varanasi, may file his personal affidavit, on or before next date fixed, indicating therein progress of the investigation, which is going on.
Put up this matter, as fresh, on 19th October, 2021. "
In response to the aforesaid order, Personal Affidavit of the S.S.P. Varanasi has already been filed, which is on record.
In the facts and circumstances, no useful purpose would be served keeping the writ petition pending for consideration and on consent, the writ petition is disposed of directing the second respondent to ensure the investigation of the aforesaid case fairly, impartially and expeditiously, preferably within six weeks from the date of production of a copy of this order before him.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.
Order Date :- 28.10.2021 A.K.Srivastava Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.29 10:22:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.29 10:26:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad