The High Court dismissed a writ petition concerning the non-conclusion of a criminal investigation under IPC sections and the POCSO Act. The court directed the investigating officer to expedite the probe and submit the police report within six weeks.
Direction to Investigating Officer to expedite investigation and submit police report within six weeks.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2510 of 2018
Petitioner :- Qadeer Respondent :- State Of U.P. And5 Others Counsel for Petitioner :- Kashif Gilani,Rahul Chaudhary Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Kashif Gilani, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ order or direction in the nature of Mandamus directing the respondents to conclude the investigation of case Crime No. 217 of 2014, under Sections 363, 366, 374 I.P.C. and Section 3/4 of POCSO Act, Police Station Kairana, District Shamli.
It is submitted by learned counsel for the petitioner that earlier this Court had passed an order dated 06.09.2016 dismissing the petition filed by Zahoor i.e. Criminal Misc. Writ Petition No. 19724 of 2016 whereby the present case along with two other i.e. case Crime No. 489 of 2014 and case Crime No. 389 of 2014 were directed to be investigated by the C.B.C.I.D. vide order dated 01.08.2016 passed by the State Government concealing the said fact Zahoor has again filed Criminal Misc. Writ Petition No. 24928 of 2017 in which co-ordinate Bench of this Court on 14.11.2017 has passed the order that the investigation be concluded within three months though the petition which was filed by Zahoor i.e. Criminal Misc. Writ Petition No. 19724 of 2016 was dismissed on 01.09.2016 on merits and it was not disclosed before the said Bench, hence a contradictory order has been passed which has been denied by Sri Avnish Pandey, learned counsel for the petitioner Zahoor who appeared in the said petition and is also appearing in the Criminal Misc.Writ Petition No. 19862 of 2017 as counsel for the petitioner. Further a petition was also been filed by the Dilshad and 2 others, who is the maternal uncle of Shaukeen being Criminal Misc. Writ Petition No. 19862 of 2017, in which Dilsad and 2 Others have challenged FIR dated 15.06.2014, registered as Case Crime No. 389 of 2014, under Sections 363, 364, 506 I.P.C., Police Station Kairana, District Shamli in which an interim order was passed in their favour and the order dated 01.08.2016 passed by respondent no. 2 for further
investigation was also stayed.
This Court had earlier on 06.09.2016 has dismissed the Criminal Misc. Writ Petition No. 19724 of 2016 by which vide order dated 01.08.2016 all aforesaid cases were to be further investigated. Learned counsel for the petitioner prayed that the order of this Court staying the investigation of the case Crime No. 389 of 2014 be vacated so that the investigation may be concluded. Sri Avinash Pandey, learned counsel for the petitioner appearing in Criminal Misc. Writ Petition No. 19862 of 2017 Dilsad & 2 Others has stated that he has no objection if the investigation of the all the three cases expedited and conclude within an stipulated period. On this Sri Kashif Gilani, learned counsel appearing for the petitioner has also stated that he has no objection.
Considering the submissions advanced by learned counsel for the parties, we dispose of the writ petition with the direction to the Investigating Officer who is investigating all the three cases and the present case is also one of them in pursuance of the Government order dated 01.08.2016 shall expedite the investigation of the cases and submit the police report before the Competent Court within a period of six weeks from the date of production of a certified copy of this order before him.
In view of the above, the petition is accordingly disposed of.
(Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 23.2.2018 A.K.Verma
2 issues framed by the court
Whether the writ petition challenging exhaustion of investigation under relevant IPC and POCSO sections should be allowed to expedite the investigation.
Whether an interim order staying investigation of a related case should be vacated to expedite probe.
Qadeer
State Of U.P.
Ramesh Sinha
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
