Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1647 of 2019 Petitioner :- Surya Kumar Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Singh,Aman Arya 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 who is the complainant, has invoked extraordinary jurisdiction of this Court with a prayer to direct the concerned investigating officer to conclude investigation against the respondent no. 4 in Case Crime No. 255 of 2018, under Sections 363, 366 I.P.C., in a fair and impartial manner.
It is submitted by the learned counsel for the petitioner that first information report was lodged by the petitioner against the respondent no. 4 on 23.12.2018 in respect of enticing away his sister, aged about 17 years, on 20.12.2018 and the case was registered under Sections 363, 366 IPC but the Police has not taken any action till date to recover his sister. The petitioner is facing threat to life. He has no hope that fair investigation is being done, hence a direction may be given to the respondent authorities for fair and speedy investigation in the present matter.
Learned AGA has submitted that fair and impartial investigation is the essence of justice, the concerned authorities are 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 respondent no. 2, Superintendent of Police, Azamgarh 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 one month from the date of receipt of a certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 22.1.2019 Vandana