Luxman Yadav Vs State of U.P. and 4 Others

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 17411 of 2019

Petitioner :- Luxman Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.

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The grievance of the petitioner is that though he has lodged a report on 4.11.2018 against the private respondent nos.4 and 5 which has been registered as case crime No. 318 of 2018, under Section 363 IPC, Police Station Ghazipur, District Fatehpur, but the respondent-authorities are not concluding the investigation.

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It is submitted by the learned counsel for the complainantpetitioner that neither daughter of the petitioner has been recovered nor any action has been taken against the accused respondent nos. 4 and 5 who have enticed her away . The life and liberty of the complainant and the witnesses are in imminent danger. The investigation is going in in snail's pace, hence the respondent authorities may be directed to conduct fair and impartial investigation and recover the victim.

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Per contra learned AGA contended that investigating officer is under bounden duty to carry out fair and effective investigation. Impartial investigation is quintessence of criminal jurisprudence.

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Considering the facts and circumstances of this case and the gravamen of offence, it is provided that the

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Superintendent of Police, Fatehpur, respondent no.3 shall look into the matter and shall ensure that proper, effective and fair investigation is carried out and be concluded at the earliest preferably within two months from the date of production of a certified copy of this order.

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

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Order Date :- 25.6.2019 sfa/

Luxman Yadav v. State of U.P. and 4 Others

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Luxman Yadav v. State of U.P. and 4 Others

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