Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10928 of 2019 Petitioner :- Viendra Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Alok Kumar Kushwaha Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Alok Kumar Kushwaha, learned counsel for the petitioner as well as learned A.G.A. for the State.
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 7 in Case Crime No. 811 of 2018 under Sections 457, 380 I.P.C., Police Station-Tanda, District-Rampur.
It is submitted by the learned counsel for the complainant petitioner that the F.I.R. was registered on 11.12.2018 against the respondent nos. 4 to 7 in respect of the incident occurred on 18.11.2018. Pursuant to the F.I.R. lodged against the respondent nos. 4 to 7 which was registered as in Case Crime No. 811 of 2018 under Sections 457, 380 I.P.C., Police Station-Tanda, District-Rampur, the investigation has yet not been concluded. The police authorities have not taken any action against the aforesaid accused respondents. It is further submitted that the respondent nos. 4 to 7 are extending constant threats to the life and security of the complainant and the witnesses. Hence a direction may be given to the respondent authorities for fair, speedy and impartial investigation in the instant case.
Learned A.G.A. 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 Senior Superintendent of Police, Rampur, respondent no.2 and Station House Officer, P.S. Tanda, District-Rampur, respondent no. 3 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.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 25.4.2019/Rahul.