Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7158 of 2021 Petitioner :- Sunita Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Ajendra Kumar, learned counsel for the petitioner and Sri Rishi Chaddha, learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following relief:-
"(i) Issue a writ order or direction in the nature of mandamus commanding the respondents to conduct fair investigation by the superior police authority in FIR dated 12.06.2021 in case crime no. 207 of 2021, under section 366 I.P.C., Police station Kotwali Dehat, District Etah".
Learned A.G.A. states on instructions that victim Jyoti, aged about 19 years, was recovered by the police on 07.07.2021 and was produced before the Judicial Magistrate for recording her statement under Section 164 Cr. P.C. She, in her statement dated 15.07.2021, under section 164 Cr. P.C., stated that she has married with one Surjeet on 11.06.2021 and are living together as husband and wife. She has also expressed her willingness to go to her matrimonial house and thereupon she was allowed to go to her matrimonial house.
Learned A.G.A. submits that investigation is still going on, which is fairly being done by the Investigating Officer.
In view of the aforesaid, we do not find any good reason to issue any direction, inasmuch as investigation is going on. Therefore, writ petition is dismissed. However, it is observed that concerned Investigating Officer shall make endeavour to conclude the investigation expeditiously.
Order Date :- 21.9.2021 T.S.