Petitioner sought recovery of his minor son and transfer of investigation. This court directed the IO to conclude investigation within three months and make efforts to recover the boy.
Directed IO to conclude investigation and recover minor son within three months.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 3486 of 2018
Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Satish Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed by learned counsel for the petitioner is taken on record.
Heard Sri S.K. Tyagi, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with the prayer commanding to the respondent no.1 to 4 to get recover the son of the petitioner and produce him before this Court and further to transfer the investigation of case crime no.457 of 2017, u/s 363 IPC, P.S. Sihani Gate, district Ghaziabad to any other independent agency i.e. C.B.C.I.D or C.B.I.
Learned counsel for the petitioner submits that the petitioner is the informant of the case and his minor son aged about 17 years has not been recovered. He further submits that the son of the applicant has no criminal antecedents as has been stated in para no.3 of the present petition. The investigation of the case has not been concluded till date.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, we direct the Investigating Officer of the present case to conclude the investigation and submit a police report before the court concerned expeditiously preferably within the period of three months from the date of production of a certified copy of this order. The Investigating Officer is also directed to make all the efforts to recover the son of the petitioner within the aforesaid period.
The S.S.P., Ghaziabad is directed to ensure the compliance of this order.
With the aforesaid directions, the present petition stands disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 19.2.2018 Gaurav
2 issues framed by the court
Whether to direct the recovery of the petitioner's minor son and transfer of investigation.
Whether to direct the police to conclude investigation and submit a report within three months.
Ashok Kumar
State of U.P.
Krishna Pratap Singh
Ramesh Sinha
As recorded by the court registry
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