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Vijay Kumar Srivastava vs State Of U P And Others

High Court Of Judicature at Allahabad|25 April, 2019
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JUDGMENT / ORDER

Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10888 of 2019 Petitioner :- Vijay Kumar Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Bhan Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent nos.2 & 3 to conduct fair investigation pursuant to the first information report dated 9.12.2018 registered as case Crime No. 234 of 2018, under Sections 419,420,467,468,471 I.P.C., police station Sikrara, District Jaunpur.
It is submitted by the learned counsel for the petitioner that on the basis of the application moved under Section 156 (3) Cr.P.C. the first information report was lodged against the accused/respondent no.4 under Sections 419,420,467,468,471 I.P.C. on 9.12.2018. After lodging of the FIR, the respondent no.4 assaulted the petitioner and used filthy language. Thereafter the petitioner approached the police station Sikrara, but the police has not taken any action against the respondent no.4. In this regard the petitioner also moved an application before the learned Chief Judicial Magistrate, Jaunpur on 13.2.2019, despite that neither the accused/respondent no.4 has been arrested nor charge sheet has been filed against him. Thus, 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/respondent no.4 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 Superintendent of Police, Jaunpur, 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, the petition is finally disposed of.
Order Date :- 25.4.2019 M. Tariq
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Title

Vijay Kumar Srivastava vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 April, 2019
Judges
  • Naheed Ara Moonis
Advocates
  • Chandra Bhan