Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 4949 of 2018 Petitioner :- Surya Bali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harindra Prasad,Jagdish Singh Maurya Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed to direct the A.C.J.M., Court No. 10, Allahabad to disposed of the application dated 18.04.2018 moved by the petitioner, under Section 156(3) Cr.P.C. and further to direct the respondent no. 4 to send the plastic bag no. 222 (in which pelvic bones and joints preserve for further examination and DNA test) to the laboratory concerned for further examination and DNA test and take appropriate legal action against the real culprits as mentioned in application dated 18.04.2018 after lodging the FIR, if possible within a week.
Learned counsel for the petitioner submits that as on date two applications one under Section 156(3) Cr.P.C. and the other for obtaining a report regarding the DNA sample of the skeleton recovered by the police, are pending for unknown reasons.
In this regard, it has been further stated that the petitioner had earlier approached this Court by means of Criminal Misc. Writ Petition No. 6712 of 2018, which was disposed of by order dated 20.03.2018. For ready reference order dated 20.03.2018 is quoted herein below:
"Having considered all the facts stated in this petition for writ and the documents annexed thereto, we deem it appropriate to direct the District Magistrate, Allahabad to ensure execution of the order dated 8th February, 2018 passed by the Sub Divisional Officer, Phoolpur (annexure- 8 to this petition for writ), also the further examination of the body/skeleton in accordance with law within the period of one week from today."
While the aforesaid order was executed and the skeleton remains of the deceased were recovered by the police however, the consequential action has not been taken by the learned Magistrate or by the police.
Without entering into the merits, the present petition is thus disposed of with a direction to the learned Court below to hear and decide the aforesaid applications filed by the petitioner which are stated to be pending as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order.
Order Date :- 26.7.2018 Abhilash