Disposed

Vijay Kumar Maurya v. State of U.P. and 3 Ors.

Allahabad HC8 Feb 2018CRLP/3022/2018

Case brief

AI extract

What is this about?

This writ petition was disposed of by directing the investigating agency to proceed with the investigation into Section 302 IPC. The petitioner was advised to cooperate but cautioned against harassment or victimization.

What did the court decide?

A direction was issued to the Investigating Agency to proceed with the investigation, while directing that the petitioner shall not be harassed or victimized.

Vijay Kumar Maurya Vs State of U.P. and 3 Ors. — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3022 of 2018

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Petitioner :- Vijay Kumar Maurya Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ram Pratap Yadav Counsel for Respondent :- G.A.

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Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

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Heard Sri Ram Pratap Yadav, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.

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This petition for writ is preferred with a prayer to have fair investigation in Crime Case No. 0514 of 2017 pending investigation at Police Station Madihaan, District Mirzapur for the offence punishable under Section 302 IPC.

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According to learned counsel appearing on behalf of the petitioner in the case aforesaid though the petitioner is not named as an accused but the Members of the Investigating Team are harassing him in one or other reason. While placing reliance upon a judgment of the Hon'ble Supreme Court in the case of Kharak Singh Versus State of Uttar Pradesh and others reported in AIR 1963 SC 1295 , it is asserted that no one should be harassed and humiliated during the course of investigation by visiting his place of residence or profession day to day.

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On going through the entire record and the documents annexed with the writ petition, we do not find any just reason to tell that Investigating Agency is not making investigation fairly and objectively. If the Investigating Agency desires some cooperation from the petitioner then he is under an obligation to extend the same. However, unnecessary harassment of a citizen is always required to be deprecated.

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In entirety, we are disposing of this petition for writ by directing the Investigating Agency to proceed with the investigation. The petitioner shall cooperate the investigation but he shall not be harassed and victimized.

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With the observations aforesaid, this petition for writ stands disposed of.

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Order Date :- 8.2.2018 Shubham

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(Ashok Kumar,J.) (Govind Mathur,J.)

Vijay Kumar Maurya v. State of U.P. and 3 Ors.

Case brief

What is this about?

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Vijay Kumar Maurya v. State of U.P. and 3 Ors.

Case brief

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