Abdul Wahab Vs State of U.P. and 5 Others

Court No. - 3

Case :- CRIMINAL MISC. WRIT PETITION No. - 36983 of 2018

Petitioner :- Abdul Wahab Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.

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Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.

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Heard Shri Jitendra Singh, learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for State-respondents.

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This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and proper investigation in respect of Case Crime No. 223 of 2018 for the offence under Sections 323, 504, 506 of I.P.C., P.S. Atarsuiya, District Allahabad.

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The grievance of the petitioner is that on his report dated 2.11.2018, though the offence has been registered under Sections 323, 504, 506 of IPC, but considering the nature of injuries sustained by the petitioner, where the fracture of his nasal bone has been found, serious offence was required to be registered. He submits that respondent nos. 4 to 6 have been given protection by the local police officer and, therefore, directions may be issued to the higher police authorities to look into the matter and to investigate the matter fairly and impartially.

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State counsel fairly submits that the matter requires deep consideration and needful would be done by the competent authority. He submits that the State is bound to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.

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Considering the rival submissions made by the parties, the present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously in accordance with law on the basis of evidence so collected. The concerned Circle Officer shall also look into the matter personally and ensure the fair investigation.

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Order Date :- 18.12.2018 RK

Abdul Wahab v. State of U.P. and 5 Others

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Abdul Wahab v. State of U.P. and 5 Others

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