This criminal miscellaneous writ petition sought direction for fair investigation and arrest under FIR regardingIPC 304. The bench found no grounds for interference following Supreme Court precedents on writ jurisdiction in criminal investigations and dismissed the petition.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38007 of 2018
Petitioner :- Bhagwati Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Vipin Kumar, learned counsel for the petitioner, Sri N.K. Tiwari, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record..
This writ petition has been filed with the prayer to direct the respondents nos. 2 & 3 to make proper and fair investigation and arrest the accused persons in pursuance of F.I.R. dated 18.11.2018 in Case Crime No. 637 of 2018 under section 304 I.P.C., police station Soron, District Kasganj.
The petitioner who is the informant of the present case has come up with the prayer that the direction be given to the respondent nos. 2 & 3 for directing a fair investigation in the matter and arrest the accused persons as he apprehends that the investigation is not carried out in a fair and proper manner.
After having considered the submissions advanced by learned counsel for the petitioner, we do not find any good ground for interference in the matter in view of the judgment of the Supreme Court in the case of Sakiri Vasu Versus State of U.P. and others reported in AIR 2008 (2) SC 409 which has been recently followed in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & others reported in (2016) 6 SCC 277 .
The writ petition is accordingly dismissed at this stage.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 21.12.2018 Shiraz
1 issue framed by the court
Whether High Court should interfere in F.I.R. to ensure fair investigation and arrest of accused persons.
Colour shows how this judgement treated each authority
Sakiri Vasu Versus State of U.P. and othersFollowed¶8
AIR 2008 (2) SC 409 · Who else cites this
Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & othersFollowed¶8
(2016) 6 SCC 277 · Who else cites this
Bhagwati Prasad
State Of U.P.
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
