Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25369 of 2018 Petitioner :- Shanti Devi Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Manish Gupta,Hari Pratap Gupta Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri H.P.Gupta, learned counsel for the petitioner, Sri G. P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner with a prayer commanding the respondents, particularly, respondent no.3 to complete the investigation of the case lodged by the petitioner against the respondent no.4 to 10 in case crime No.182 of 2018, under Sections 147, 323, 504, 506, 427, 307, 392 I.P.C. on 2.5.2018 at Police Station Kotwali Padrauna, District Kushinagar within some stipulated period.
Learned counsel for the petitioner submits that the petitioner is the informant of the case and has come up with the aforesaid prayer. He further submitted that the incident has taken place on 30.5.2013 in which the petitioner, her husband, namely, Jai Kushun Gupta and her daughter-in-law, namely, Raj Kumari Devi sustained grievous injuries, for which they were medically examined. It is further pointed out that that an application u/s 156(3) Cr.P.C. was moved by the petitioner on 6.6.2013 for registration of F.I.R. against the accused respondent nos. 4 to 10 on which an order was passed by the learned Magistrate for registering an F.I.R. on 30.07.2013 and it is stated that after five years of passing of the said order by the learned Magistrate, the F.I.R. of the petitioner has been registered on 25.01.2018, but till date no investigation has been carried out or concluded.
The Superintendent of Police, Kushinagar is directed to file his personal affidavit in the matter stating therein that as to why in-spite of the order of the learned Magistrate dated 30.07.2013, F.I.R. of the petitioner was not registered for the last about 5 years and who was the person responsible for the delay in registration of the F.I.R. and what action should be taken against the erring official.
List the matter on 26.09.2018.
Let the copy of the order be given to the learned AGA for its compliance.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 13.9.2018/Ashok Gupta