Single judge court rejected the criminal writ petition seeking fair investigation as premature due to no magistrate order under Section 155(2) Cr.P.C. yet.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23844 of 2019
Petitioner :- Champa Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Desh Ratan Chaudhary,Sanjay Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties and perused the material brought on record.
The petitioner has come up before this court for a direction for expediting the investigation and she is stated that the investigation is not carried out in fair manner, but we find from the record that an NCR has been lodged by the petitioner against the accused respondent nos. 4 to 7 and till date no order has been passed by the Magistrate concerned under Section 155(2) Cr.P.C.
Learned A.G.A. opposed the prayer made by learned counsel for the petitioner.
In view of the above, the present application to conduct fair investigation of NCR is premature and is accordingly rejected on this ground alone.
Order Date :- 16.11.2019 IrfanUddin
(Ajit Kumar,J.) (Ramesh Sinha,J.)
1 issue framed by the court
Whether the application for fair investigation of NCR is maintainable as the Magistrate has not passed order under Section 155(2) Cr.P.C.
Champa Devi
State Of U.P.
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
