Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20053 of 2017 Petitioner :- Sam Higginbottom University Of Agriculture Tech.And Sciences Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Samit Gopal Counsel for Respondent :- G.A.,Shishir Prakash
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Samit Gopal, learned counsel for the petitioner and Sri Vinod Kant, learned Additional Advocate General appearing on behalf of the State.
The prayer made in the writ petition is to the following effect:-
"Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 to 5 to conduct fair and impartial investigation in compliance of the order dated 29.07.2017 passed by the Chief Judicial Magistrate, Allahabad in the Misc. Application No. 782/12 of 2017. Sherry Solomon, Director (Legal Affairs), Sam Higginbottom University of Agriculture, Technology and Science vs. Yogesh Bajpai and others". Police Station Civil Lines. Allahabad, whereby a direction has been issued to the Investigating Officer of Case Crime No. 0295 of 2017, under sections 409, 418, 420, 421, 463, 467, 471, 477, 201 & 120-B I.P.C., Police Station Civil Lines, District Allahabad that the application filed u/s 156(3) Cr.P.C. be connected with first information report of Case Crime No. 295 of 2017 and the said application be included in the investigation of the same and ensured a fair investigation of the same.
(ii) Issue a writ order or direction in the nature of mandamus directing the respondents specifically the respondent nos. 3 and 4 not to give any statement pertaining to the investigation to Media relating to Case Crime No. 0295 of 2017, Under sections 409, 418, 420, 421, 463, 467, 471, 477, 201 & 120-B IPC, Police Station Civil Lines, District Allahabad.
(iii) Issue a writ order or direction in the nature of mandamus directing the respondents not to permit any third party interference, indulgence and presence, during investigation of the matter in issue."
Sri Vinod Kant, learned Additional Advocate General, appears before this Court and informed the Court that police after investigation has submitted the charge-sheet against 24 persons and against some of the persons investigation is continuing and police authorities are going to conclude the investigation as expeditiously, as possible.
However, learned counsel for the petitioner has not dispute the fact that the charge-sheet has already been filed against 24 persons and investigation against the remaining persons is continuing.
Thus, in view of the aforesaid facts and circumstances of the case and looking to the nature, no purpose would be served in keeping the matter pending before this Court.
Accordingly, the present writ petition is being disposed off with the direction that investigating officer concerned shall now conclude the investigation against the remaining accused as expeditiously, as possible and bring the investigation to its logical conclusion.
Investigating Officer is present before this Court and his personal appearance is duly noted.
Order Date :- 29.4.2019 Swati