In a criminal writ petition seeking transfer of investigation for fair inquiry, the Calcutta High Court Bench directed the SSP, Varanasi to ensure the investigating officer concludes the probe within three weeks and submits the police report.
Investigating Officer directed to conclude investigation within three weeks and submit police report.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 21540 of 2018
Petitioner :- Nirmala Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Achchhey Lal Tiwari,Subhash Chandra Tiwari
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Rejoinder-affidavit has been filed and the same is taken on record.
Heard Sri A.C. Tiwari, learned counsel for the petitioner and Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This Writ Petition has been filed by the petitioner with a prayer to direct the respondent authorities to transfer the investigation of the F.I.R. dated 13.06.2017, Case Crime No. 201 of 2017, under Sections 147, 148 and 326 I.P.C., P.S. Ram Nagar, District Varanasi before any responsible authorities who will take appropriate action and conclude the investigation within stipulated period.
Pleadings have been exchanged between the parties. Petitioner is informant of the case and has come up before this Court for fair investigation in the matter.
As per the counter-affidavit, the Investigating Officer has sought time to conclude the investigation.
Investigating Officer is allowed three weeks' and no more time to conclude the investigation and submit police report before competent court in accordance with law.
S.S.P., Varanasi shall ensure the compliance of this order.
With the aforesaid direction, this Writ Petition is disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.)
Order Date :- 30.8.2018 A. Mandhani
2 issues framed by the court
Whether the investigating officer should be directed to conclude investigation within a stipulated period.
Whether the transfer of investigation to responsible authorities is necessary for fair inquiry.
3 provisions across 3 enactments
Nirmala
State Of U.P.
2 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
