Kanhi Lal Vs State of U.P. and 6 Others

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 36344 of 2018

Petitioner :- Kanhi Lal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Abdul Khalik 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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The petitioner is the complainant who has invoked the extraordinary jurisdiction of this court under Article 226 of the Constitution of India with respect to fair investigation of case Crime No. 0294 of 2018, under Sections 364, 302 and 120-B I.P.C., police station Kotwali Dehat, district Etah by some other investigating agency preferably by C.B.I. .

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It is submitted by the learned counsel for the petitioner that the first information report was lodged against the accused/respondents nos. 5 to 7 in respect of the commission of murder of his own brother. The first information report was lodged on 9.5.2018 under Sections 364, 302 and 120-B I.P.C. but investigation has not been concluded till date and the accused persons are roaming freely extending threat to life to the petitioner.

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In connection with the above submission advanced across the bar, we feel called to advert to the proposition of law laid down in C.B.I. and another Vs. Rajesh Gandhi and another, 1997 Cr.L.J. 63 (Para 8) in which the pith of what has been held is that no one can insist that an offence be investigated by a particular agency.

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Considering the facts and circumstances of this case, it is provided that the Senior Superintendent of Police, Etah, respondent no. 2, shall look into the matter and shall ensure that the investigation be carried out in a fair and impartial manner and concluded at the earliest preferably within three months.

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

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Order Date :- 13.12.2018

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Shahnawaz

Kanhi Lal v. State of U.P. and 6 Others

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Kanhi Lal v. State of U.P. and 6 Others

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