Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1339 of 2019 Petitioner :- Suraj Pal Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Abhishek Mayank,Anil Kumar Saxena 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.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to direct the concerned investigating officer to conclude the investigation against the respondent nos.4 to 8 in Case Crime No.445 of 2018, under Sections 363,366 IPC, P.S. Vilaspur, District Rampur within stipulated period.
It is submitted by the learned counsel for the complainant petitioner that the sister of the petitioner was enticed away by the named accused persons (respondent nos.4 to 8) and in this regard the FIR under Sections 363,366 IPC was lodged on 19.9.2018. It is further submitted that on earlier occasion, also the same accused persons had enticed away the sister of the petitioner, in which her statement u/S 164 Cr.P.C. was recorded wherein she has shown her willingness to live along with her parents. Consequently, the victim came to her parental house. Thereafter the aforesaid respondents have again enticed away the daughter of the petitioner and hence her whereabouts could not be known. As the investigation pursuant to the FIR is still going on in snail's pace, hence a direction may be given to the respondent authorities for fair, speedy and impartial investigation in the instant case and for recovering the victim.
Per contra learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation.
Considering the facts and circumstances of this case and the gravity of offence, it is hereby directed that the Superintendent of Police, Rampur, respondent no.2, shall look into the matter and shall ensure that proper, effective and fair investigation be carried out and be concluded at the earliest preferably within two months from the date of production of a certified copy of this order. The investigating officer shall also make sincere endeavour to trace out the victim.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 21.1.2019 M. Tariq