Disposed

Pawan Kumar v. State of U.P. and 3 Others

Allahabad HC22 Apr 2019CRLP/10474/2019

Case brief

AI extract

What is this about?

In a criminal writ petition concerning a gang rape investigation under Section 376 IPC, the Court found significant delay and lack of action by the investigating officer. The Court directed the Serious Superintendent of Police to ensure fair, unbiased, and expeditious investigation within two months. It also ordered a transfer of the case to another police station within the district to guarantee

What did the court decide?

Directed Senior Superintendent of Police to supervise investigation expeditiously within two months and transfer the case to another police station for impartial inquiry.

Pawan Kumar Vs State of U.P. and 3… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 54

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10474 of 2019

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Petitioner :- Pawan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Vishwakarma Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the Staterespondents.

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The instant petition has been filed by the petitioner invoking the extraordinary jurisdiction of this Court with following reliefs:-

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"(i) issue a writ, order or direction in the nature of mandamus commanding to the respondent District Magistrate/ Sr. Superintendent of Police, Firozabad to get the investigation of Case Crime No. 0030 of 2019, under Section 376 I.P.C., Police Station- Jasrana, District- Firozabad, transfer from police station Jasrana Firozabad to some other police station of District Firozabad for investigation and work out of the case, in the interest of justice.

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(ii) issue writ, order or direction in the nature of ad-interim mandamus to work out the case of Case Crime No. 0030 of 2019, under Section 376 I.P.C., Police StationJasrana, District Firozabad by arresting the concerned accused persons, so that the prosecutrix may get justice.

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(iii) issue any other suitable writ, order or direction which this Hon'ble court may deem fit and proper under the circumstances of the case."

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It is submitted by the learned counsel for the complainant petitioner that the petitioner has lodged first informant report against unknown person under Section 376 I.P.C. on 30.01.2019 which was registered as Case Crime No. 0030 of 2019, Police Station- Jasrana, District- Firozabad. On 28.01.2019 at about 10:00 p.m. the sister of petitioner had gone to attended the call of nature, she was dragged by unknown person and she was gang raped. Not only she was gang raped but also she was brutally burned by mini cigar and cigarette. On the next day, she was recovered in an unconscious state by the petitioner from the field of mustard. The F.I.R. was lodged under Section 376 I.P.C.,

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despite prima facie cognizable offence is made out against the accused person whose identity could not be disclosed by the victim, the police has not recorded her statement either under Section 161 Cr.P.C. or under Section 164 Cr.P.C. though she was medically examined on 02.02.2019. Thereafter sister of the complainant petitioner had moved complaint before the Senior Superintendent of Police respondent no. 3 on 06.02.2019 disclosing about the name of one Rajdeepa and four unknown persons, still no action was taken against those persons including Om Prakash and Dr. Mohit Yadav who had also extended her threat to face dire consequences. The statement of victim was recorded on 07.02.2019 under Section 164 Cr.P.C. but no copy was given to the petitioner. Instead of conducting fair and impartial investigation, police authorities have started harassing the family of the petitioner. In this regard, again the petitioner had moved an application before Senior Superintendent of Police, Firozabad on 12.02.2019 but no action has been taken by the concerned Investigating Officer to arrest the accused persons. The life and liberty of the petitioner and his family is under imminent peril and jeopardy, hence the investigation be transferred to some other police station. They are facing worst days of their life. Police is putting unnecessary pressure upon the petitioner to withdraw the case hence, the petitioner has no other remedy except to invoke the extraordinary power conferred upon this court under Article 226 of the Constitution of India for enforcement of his right to have a fair and impartial investigation against the accused/respondents involved in the commission of offence.

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Learned AGA contended that investigating officer is under bounden duty to carry out fair and impartial investigation as impartial investigation is quintessence of criminal justice.

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Considering the facts and circumstances of this case, substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretence, it is provided that the Senior Superintendent of Police, Firozabad respondent no. 3 shall take effective steps

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to supervise over the matter issuing mandate to the Investigating Officer to proceed with the investigation in a very fair, unbiased and impartial manner who will conclude it expeditiously preferably within two months from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.

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

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Order Date :- 22.4.2019 Sharad/-

Pawan Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pawan Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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