Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26010 of 2019 Petitioner :- Urmila Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sanjay Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed by the petitioner with the prayer that suitable direction may be issued to the authority concerned for ensuring fair investigation of Case Crime No. 279 of 2019 under Sections 147, 452, 302, 504, 506 I.P.C., P.S.- Anoop Sahar, District- Bulandsahar.
It is submitted by the learned counsel for the petitioner that the petitioner has lodged First Information Report by moving an application under Section 156(3) Cr.P.C. against the accused respondent 4 to 8 in respect of death of her minor daughter Neha. The incident had taken place on 26.04.2019 and even after the conduct of the post mortom report of the deceased, when no action was taken, hence the petitioner moved an application under Section 156(3) Cr.P.C. for lodging of the First Information Report and in pursuance of that the First Information Report was lodged against the named accused respondent nos.4 to 8 who are roaming freely. They are extending constant threat exerting pressure to withdraw the case, hence the life and liberty of the petitioner is at stake. The investigation is going on snail's space. The petitioner has no other remedy except to invoke the extraordinary power conferred upon this court under Article 226 of the Constitution of India for enforcement of her right to have a fair and impartial investigation against the accused/respondents involved in the commission of offence.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretence, it is provided that the Senior Superintendent of Police, Bulandsahar, respondent no.2 shall take effective steps to supervise over the matter issuing mandate to the investigating officer to proceed with the investigation in a very fair, unbiased and impartial manner who will conclude it expeditiously preferably within three months from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2019 Krishna