Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15249 of 2019 Petitioner :- Yogesh Yadav Respondent :- Union Of India And 8 Others Counsel for Petitioner :- Harikesh,Vinay Saran(Senior Adv.) Counsel for Respondent :- A.S.G.I.,G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Learned counsel for the petitioner is permitted to carry out necessary corrections with regard to serial number of the respondents.
Heard Sri Vinay Saran, learned Senior Advocate appearing for the petitioner, Sri Gyan Prakash, learned Assistant Solicitor General of India assisted by Sri Sanjay Yadav, Advocate and Sri Yogeshwar Rai, learned A.G.A. for the State.
The prayers made in the writ petition are as follows:-
"(a) To issue a writ order or direction in the nature of mandamus commanding the respondents to transfer and entrust of the investigation of FIR dated 17.11.2017 registered as crime No. 751 of 2017 under sections 147, 148, 149, 302 read with 34 IPC of Police Station Sector Bishrekh, District Gautam Buddha Nagar to Central Bureau of Investigation and further direct the respondent No. 3 to 5 to carry out a speedy and expeditious investigation in the aforementioned case within a specified time.
(b) To issue a writ order or direction in the nature of mandamus direction the State of U.P./Respondent No. 3 to hand over the investigation of FIR dated 17.11.2017 registered as crime No. 751 of 2017 under sections 147, 148, 149, 302 read with 34 IPC of Police Station Sector Bishrekh, District Gautam Buddha Nagar to Central Bureau of Investigationas per the conditions precedent under section 6 of Delhi Special Police Establish Act, 1946.
(c) To issue a writ, order or direction in the nature of mandamus commanding the respondents No. 1 to 3 for free, fair, independent and fearless investigation by the police/investigating authority and also issuing directions to the respondent No. 1 to 3 ensuring the security and safety of the petitioner as well his family members.
(d) It is graciously pleased before this Hon'ble Court to further direct the respondent No. 1 and 2 to carry out a speedy and expeditious investigation in the aforementioned case within a specified time in the FIR dated 17.11.2017 registered as crime No. 751 of 2017 under sections 147, 148, 149, 302 read with 34 IPC of Police Station Sector Bishrekh, District Gautam Buddha Nagar."
The contention of the learned counsel for the petitioner is that the F.I.R. is pending since the year 2017 with regard to an offence under Section 302 IPC apart from other sections. The F.I.R. is dated 17.11.2017. The further contention is that a number of allegations have been made against some police officials, especially against one Amit Yadav, who is a Police Sub Inspector, posted at District Gonda, as mentioned in paragraph no. 17 of the writ petition.
Looking into the nature of allegations as made in the writ petition, the controversy in issue and the relief as sought, no purpose would be served in keeping the matter pending any further before this Court. Accordingly, it is directed that the investigation in pursuance of the F.I.R. dated 17.11.2017 shall now be pursued and concluded, as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order before the S.S.P., Noida.
A copy of this order shall be forwarded to the D.G.P., State of U.P. who will personally look into the matter and will take appropriate steps for ensuring fair and impartial investigation. Since the F.I.R. is pending since 2017, the D.G.P. will take appropriate steps and will issue necessary directions to the Investigating Officer concerned.
With the aforesaid observations, the writ petition stands finally disposed of.
Order Date :- 30.5.2019 SR