Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26514 of 2018 Petitioner :- Sanjay Kumar Seth @ Sanjay Kumar Jauhari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A Kumar Srivastava,Manish Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A Kumar Srivastava, learned counsel for the petitioner, Sri A.R. Chaurasia, learned A.G.A. for the State 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 to direct the respondent No.1 to refer the matter related with the F.I.R. dated 10.05.2017 registered as case crime no. 95 of 2017 under section 302 I.P.C., police station Kotwali, District Varanasi for further investigation by Central Bureau of Investigation (C.B.I.) for proper investigation in pursuance of the evidence available on record or through any other independent agency to meet ends of justice.
Learned counsel for the petitioner states that petitioner is informant of the case. This case is related to honour killing and final report has been submitted. It is further stated that this petition has been filed by the petitioner against F.R. which is pending. He further states that the matter requires investigation by C.B.I. as police is trying to shield the accused named in the F.I.R.
Learned A.G.A. opposed and stated that final report has been submitted and protest petition has also been filed by the petitioner before the Magistrate for its compliance who may allow to pass necessary order in accordance with law.
Considering the facts and circumstances of the case, we are not inclined to interfere in the matter as the final report has been submitted and petitioner has already filed a protest petition.
Learned counsel for the petitioner further made an oral prayer that the protest petition filed by the petitioner may be directed to be decided by the learned Magistrate.
Hence, the court concerned is, accordingly, directed to decide the protest petition within six weeks from the date of production of certified copy of this order.
With the above direction, this petition is disposed of.
Order Date :- 24.9.2018/A. Mandhani (Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) .
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26514 of 2018 Petitioner :- Sanjay Kumar Seth @ Sanjay Kumar Jauhari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A Kumar Srivastava,Manish Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
(Order on Amendment Application) Heard Sri A Kumar Srivastava, learned counsel for the petitioner, Sri A.R. Chaurasia, learned A.G.A. for the State.
This Amendment Application has been filed with a prayer to quash the F.R. dated 17.09.2017 submitted by the I.O. against the F.I.R. dated 10.05.2017 registered as Crime Crime No. 0095 of 2017 under Section 302 I.P.C., P.S. Kotwali District Varanasi as well as to permit the petitioner to add the 'prayer' made in the writ petition.
We do not find any ground to allow this amendment application, hence the prayer made for quashing of F.R. dated 17.09.2017 is hereby refused and the Amendment Application is, accordingly, dismissed.
Order Date :- 24.9.2018/A. Mandhani (Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.)