Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7277 of 2021 Petitioner :- Surendra Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.,Rajesh Yadav
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. Shri Rajesh Yadav appears for the private respondent.
In pith and substance, the petitioners are seeking direction to respondent nos.2 and 3 to ensure fair, impartial and proper investigation of the Case Crime no.133 of 2021 under Section 406 IPC, P.S. Didauli, District Amroha.
According to petitioner, on 9.4.2021, he lodged a report against private respondent under the aforesaid Section, but till date nothing has been done by the police authorities. An apprehension has been shown by the petitioner that either the police is protecting the accused or is not interested to take any action against him. Learned counsel has prayed for issuance of suitable direction for fair and impartial investigation.
Learned A.G.A. submits that that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.
The present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within two months from the date of production of a copy of this order before them.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 SP/