Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5113 of 2019 Petitioner :- Santosh Kumar Pal Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pramod Kumar Yadav,Ashish Jaiswal Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no. 2 to conduct fair investigation pursuant to the first information report dated 30.11.2018 registered in case Crime No. 0227 of 2018, under Sections 147, 323, 504, 506 and 427 I.P.C., police station Barsathi, district Jaunpur.
It is submitted by the learned counsel for the petitioner that the first information report has been lodged on 30.11.2018 that the accused/respondents 4 to 8 have intercepted in the construction of the boundary wall of the house of the petitioner and assaulted him with stick on account of which he sustained injury. The petitioner lodged the first information report with regard to the said incident but the police has not taken any action and the accused/respondents are extending threat to the life and property of the petitioner.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the Superintendent of Police, Jaunpur, respondent no. 2 is directed to make its earnest endeavour to ensure fair and impartial investigation and be concluded within a period of two months from the date of production of a certified copy of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 25.2.2019 Shahnawaz