Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 22626 of 2019 Petitioner :- Sunita Nishad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 to 4; and perused the record.
The instant petition seeks a direction upon the second and third respondent to re-investigate/further investigate and transfer investigation of Case Crime No.0109 of 2019 registered at police station Atarsuiya, district Prayagraj, under Section 365 IPC, which was lodged by alleging that informant's mother Saroj Devi has been abducted and killed by the accused persons.
According to the instruction of learned AGA all the persons named in the first information report have been arrested though the body of the victim has not been traced out.
Since according to the stand taken by learned AGA all the accused have been arrested, there appears no good reason to direct for transfer of investigation of the matter. More over, in case the petitioner gets any clue as regards the whereabouts of the abductee or as regards dead body of the abductee, it is open to the petitioner to move an application for further investigation. It is expected that if any such application is moved before the Senior Superintendent of Police, Prayagraj, the Senior Superintendent of Police, Prayagraj shall take notice of the contents of the application and if he finds that fresh material has been submitted, he shall pass appropriate order thereon keeping in mind the provision of Section 173(8) CrPC.
With the aforesaid liberty and observations, the petition stands disposed off.
Order Date :- 26.11.2019. Rks.