Court summarily disposed of a writ petition seeking directions to conclude investigation after rejecting successive petitions for identical relief previously granted.
Writ petition dismissed; no new direction issued to conclude investigation; petitioner advised to approach appropriate court.
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Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10799 of 2019
Petitioner :- Rashmi Behl Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ram Prakash Vishwakarma,Santosh Kumar Mishra
Counsel for Respondent :- A.S.G.I.,Gyan Prakash
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner, Sri Varun Kumar Srivastava, learned counsel appearing on behalf of respondent no. 1, Sri Gyan Prakash, learned counsel appearing on behalf of respondent nos. 2 and 3 and the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioner with the following reliefs;
1. to issue a writ, order or direction in the nature of mandamus directing the Investigating Officer/respondent no.3 in aforementioned case to conclude the investigation within stipulated period and follow up the action in light of order of this Hon'ble Court dated 4.7.2018.
2. to issue any other writ, order or direction which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case to meet the ends of justice.
3. to award the costs of this writ petition to the petitioner."
It is submitted by the learned counsel for the petitioner that earlier the petitioner approached this court by filing a writ petition for speedy investigation in the case and the another Bench of this Court by order dated 4.7.2018 directed the petitioner to approach the respondent no. 3 Deputy Superintendent of Police/Investigating Officer, Central Bureau of Investigation, Special Crime-1, CGO Complex, New Delhi who shall look into the matter for fair and expeditious investigation and also directed the above named respondent no. 3 to conclude the investigation in fair and impartial manner and conclude the same without any undue delay.
The submission of the learned counsel for the petitioner is that as the investigation was not concluded as per direction of this court, the petitioner moved an application before the respondent no. 3 on 8.8.2018 and thereafter another application was moved on 20.8.2018, thereafter a reminder was also given on 7.9.2018 but the Investigating Officer has not submitted any report, which is evident from the questionnaire dated 30.3.2019 issued by the court of Judicial Magistrate, CBI Ghaziabad annexed as Annexure-3 to the writ petition indicating that no final report has been
submitted till date.
Having considered the rival submission, we are of the view that since the present petition has been filed for the same cause "to conclude the investigation within some stipulated period", this court is not inclined to give further direction to the respondents when once earlier petition was disposed of with the same direction. Successive writ petitions cannot be entertained for the same relief.
Hence, the writ petition is disposed of with the observation that it is open to the petitioner to move before appropriate court/forum/authority for the redressal of her grievance.
Order Date :- 25.4.2019
Shahnawaz
2 issues framed by the court
Whether successive writ petitions can be entertained for the same relief when an earlier petition was disposed of with the same direction.
Whether the court can be directed to conclude investigation under writ of mandamus after prior order on same directive.
Rashmi Behl
Union Of India
CBI
Other parties
Naheed Ara Moonis
Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
