The court issued a writ petition directing the Superintendent of Police to conduct a fair and impartial investigation within two months regarding an allegation of rape against the petitioner's daughter.
Direction to Superintendent of Police, Baghpat, to ensure fair and impartial investigation and conclude it within two months.
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Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10521 of 2019
Petitioner :- Irfan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Prakash Rai,Ashish Rai Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no. 2 to conduct fair investigation pursuant to the first information report dated 8.3.2019 registered in case Crime No. 88 of 2019, under Sections 376, 323 and 506 I.P.C., police station Khekhada, district Baghpat.
It is submitted by the learned counsel for the petitioner that the first information report has been lodged on 8.3.2019 against the accused/respondent nos. 4 and 5 in respect of the incident occurred on the same day that taking advantage of the loneliness the complainant's daughter she was ravished in turn about which she had made a complaint to her father. After lodging of the first information report the statement under section 164 Cr.P.C. was recorded on 13.3.2019. Despite specific allegations have been attributed to the accused/respondents the police has neither arrested them nor investigating the case in fair and impartial manner. The complainant had moved an application before the Superintendent of Police, Baghpat even then no action has been taken rather the petitioner is being harassed and extended threat to his life. The accused/respondents are pressurizing the petitioner to withdraw the case lodged against them.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased
investigation within the shortest possible time.
Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the Superintendent of Police, Baghpat, respondent no. 2 is directed to make its earnest endeavour to ensure fair and impartial investigation and be concluded within a period of two months from the date of production of a certified copy of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 22.4.2019 Shahnawaz
Irfan
State Of U.P.
4 Others
Naheed Ara Moonis
Anil Kumar-IX
As recorded by the court registry
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