Disposed

Raghvendra Nath Tiwari v. State of U.P. and 6 Others

Allahabad HC12 Dec 2018CRLP/36137/2018

Case brief

AI extract

What is this about?

On a complaint that police failed to recover a licensed gun and investigate fairly against specific accused despite a prior order, the High Court directed the Senior Superintendent of Police, Allahabad, to ensure proper and effective investigation within two months.

What did the court decide?

Direction to the Senior Superintendent of Police, Allahabad, to ensure proper investigation and recovery of the gun within two months.

Raghvendra Nath Tiwari Vs State of U.P. and 6… — Writ and Judicial Review | Allahabad HC (2018)

¶1

Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 36137 of 2018

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Petitioner :- Raghvendra Nath Tiwari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Neelesh Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.

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By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to direct the concerned investigating officer to conclude the investigation against the respondent nos.4 to 7 in Case Crime No.1066 of 2018, under Sections 457,380 IPC, P.S. Handia, District Allahabad within stipulated period.

¶7

It is submitted by the learned counsel for the complainant petitioner that he has lodged the FIR against the respondent nos.4 to 7 on 19.11.2018. Pursuant to the FIR lodged against them they had approached this Court for quashing of the FIR and the co-ordinate Bench of this Court had passed the order on 30.11.2018 directing that the investigation of the case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full co-operation during investigation.

¶8

It is further submitted that despite the aforesaid order passed by the coordinate Bench of this Court, the police has not made any effort to recover the licenced gun of the petitioner from the respondent nos.4 to 7 and on account of high handedness of the accused respondent nos.4 to 7, the petitioner is being harassed. Hence a direction be given to the respondent nos.4 to 7 for fair investigation in the matter.

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Per contra learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation.

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Considering the facts and circumstances of this case and the gravity of offence, it is provided that the Senior Superintendent of Police, Allahabad, respondent no.2, shall look into the matter and shall ensure that proper, effective and fair investigation be carried out and be concluded at the earliest preferably within two months from the date of production of a certified copy of this order.

¶11

With the aforesaid direction, this writ petition is disposed of.

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Order Date :- 12.12.2018 M. Tariq

Raghvendra Nath Tiwari v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Raghvendra Nath Tiwari v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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