This petition directed the Investigating Officer and S.S.P. to expedite two cases against the petitioner, conclude investigation within six weeks, identify the petitioner's threatener, and provide security.
Investigation to conclude within six weeks; S.S.P. to ensure safety of petitioner and arrest threatener.
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Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 13096 of 2019 Petitioner :- Gauri Dubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gautam Dubey,Akash Tyagi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed today in Court, is taken on record.
In compliance of the Court's order dated 27.5.2019, Ms. Mamta Pawar, the Investigating Officer of the case has appeared in person before this Court.
Heard Ms. Gauri Dubey, petitioner appeared in person and Sri Gautam Dubey, learned counsel for the petitioner, Sri A.R.Chaurasia, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to direct the respondents to conduct the fair investigation in pursuance of the FIR dated 23.11.2016 lodged by the petitioner against the respondent nos. 4 to 7, registered as case crime No.545 of 2016,under Sections 498A, 506, 307, 306, 116, 324, 323, 327, 328, 343, 347, 374, 386, 496, 418, 508, 193, 201, 203, 206, 211 I.P.C. and 4 D.P. Act, Police Station George Town, District Allahabad.
It has been contended by learned counsel for the petitioner that petitioner is the informant of the present case and she has come up before this Court with a prayer that direction be given to respondents for fair investigation in the matter as she apprehends that investigation is not being carried out in a fair and proper manner.
Learned AGA has pointed out that after the matter was remanded back by the Mediation Centre, the writ petition was disposed of by a Coordinate Bench of this Court vide order dated 27.10.2017, copy of which is annexed at page-22 of the writ petition. He further submits that the investigation of the case which is stated to be pending before the present Investigating Officer, namely, Mamta Pawar, who has taken over the charge on 9.7.2019, the same would be completed within a period of two weeks.
The petitioner-Gauri Dubey appearing in person has stated that the investigation has been kept pending since 2016 when the FIR was lodged by her statement under Section 161 Cr.P.C. has been recorded 9 times and recently on 28.5.2019. He further submits that yesterday, i.e., on 29.7.2019 while she was returning from High Court to her home and when she reached near Mazar, an unknown person stopped the petitioner's car by putting his bike in front of the petitioner's car and threatened her dire consequences and further threatened that she would be murdered if she will do pairvi or appear before the Court today, on account of which she has
lodged an FIR against one unknown person and respondent respondent nos. 4, 6 & 7 which has been registered as Case Crime No.319 of 2019, under Sections 341, 506 I.P.C., P.S. Cantt.,District Prayagraj, copy of which is annexed as Annexure no.1 to the supplementary affidavit.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case within two weeks as has been stated by the learned AGA for the State and also the investigation of the case which was lodged by the petitioner yesterday being FIR/Case Crime No.319 of 2019 and submit a police report before the Magistrate concerned expeditiously preferably within a period of six weeks from today in accordance with law.
The S.S.P., Allahabad is directed to ensure that the person who has given threat to the petitioner shall be identified and be arrested forthwith.
It is further directed that the S.S.P., Allahabad shall supervise the investigation of both the cases and ensure that the same is completed speedly without any further delay. He shall also ensure that no threat or danger would be caused to the petitioner Gauri Dubey who has appeared in person before this Court and also provide security to her, if so required or if she moves any such application to him till the pendency of the investigation of both the cases.
The presence of Ms. Mamta Pawar, the Investigating Officer of the case, is hereby dispensed with unless otherwise directed by this Court.
With the above directions this petition is finally disposed of.
The Registrar General is directed to send a certified copy of this order to the A.D.G. Zone, Prayagraj for its compliance forthwith.
Let a copy of this order be given to to the learned AGA for its compliance.
(Raj Beer Singh,J.) (Ramesh Sinha, J.)
Order Date :- 30.7.2019/NS
1 issue framed by the court
Whether to direct the investigation agency to conclude the pending investigation and provide security to the petitioner.
Gauri Dubey
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
