High Court dismissed a criminal writ petition seeking direction to supervise police investigation into an FIR alleging killing under Section 302 IPC, finding the petition lacked merit.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14071 of 2018 Petitioner :- Urman Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Vaishya,learned counsel for the petitioner, Ms. Anjali Upadhyay, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for a directing and commanding the respondent nos. 1 and 2 to supervise the investigation personally by deputing some other Investigating Officer in the light of the application given by the petitioner and affidavits given by other independent witnesses and submit charge sheet against the accused persons in appropriate Section of the I.P.c.
Learned counsel for the petitioner submits that the petitioner is informant of the case and he has lodged an FIR for the offence under Section 302 I.P.C. levelling allegation of firing at his brother (deceased) by respondent no.5, namely, Guddu and two others who were caught-hold the brother of the petitioner, but during the course of investigation, the police has converted the offence under Section 304 I.P.C.. Thereafter, being aggrieved by the same, the petitioner moved an application on 19.2.2018 before the S.P., Rampur which is pending, hence, the petitioner has come up before this Court with the aforesaid prayer.
After having examined the submissions advanced by learned counsel for the parties, we are not inclined to interfere in the matter.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 29.5.2018/NS
1 issue framed by the court
Whether the High Court should direct police to personally supervise investigation and submit charge sheet in original Section 302 IPC.
Urman Singh
State Of U.P.
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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