Court disposed of a writ petition seeking direction for investigation by C.B.C.I.D. without deciding merits, directing petitioner to approach the Secretary Home, Government of Uttar Pradesh first.
Petition disposed with liberty to file representation before Secretary Home, Government of Uttar Pradesh.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 12820 of 2018
Petitioner :- Anoop Kumar Trivedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the following prayer :
i) issue a writ, order or direction in the nature of mandamus directing the respondent to investigate the matter by C.B.C.I.D. of Police in Case Crime No. 68 of 2018, under Section 302 I.P.C., P.S. Madanapur, District Shahjahanpur.
ii) issue a writ, order or direction in the nature of mandamus directing the respondents to conclude the fair investigation as soon as possible.
iii) issue any other order or direction, which this Hon'ble Court may deems fit and proper under the facts and circumstances of the case.
iv) award the cost of the petition.
Sri J.K. Upadhyay, learned A.G.A. appearing for the State has submitted that the petitioner before approaching this Court ought to have first file a representation/application before the Secretary Home, Government of Uttar Pradesh at Lucknow through whom respondent no. 1, State has been impleaded with the prayers made by him in this writ petition.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioner to file a representation/application before the respondent no. 1 raising all the grounds which have been taken by him in this writ petition before the respondent no. 1 along with the certified copy of this order. In case any such representation/application is filed by the petitioner before the respondent no. 1 within a period of four weeks from today, he shall consider and decide the same expeditiously strictly in accordance with law by a speaking and reasoned order preferably within a period of four weeks from the date of filing of such representation/application .
Order Date :- 18.5.2018
SA
Anoop Kumar Trivedi
State Of U.P.
Bala Krishna Narayana
Rajiv Gupta
As recorded by the court registry
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