Disposed

Smt. Meena v. State of U.P. and 6 Others

Allahabad HC24 May 2019CRLP/5810/2019

Case brief

AI extract

What is this about?

Criminal miscellaneous writ petition filed by a wife seeking direction for fair investigation into her husband's murder. The court disposed of the petition by granting liberty to file a representation with the SSP for potential investigation transfer.

What did the court decide?

Liberty to file representation to SSP Budaun regarding investigation grievances; liberty to seek transfer of investigation to an independent agency.

Smt. Meena Vs State of U.P. and 6… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 5810 of 2019 Petitioner :- Smt. Meena Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Satish Chandra Tiwari Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .

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Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1, 2 and 3; and perused the record.

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The instant petition has been filed seeking a direction upon the second respondent to ensure fair and impartial investigation of case crime No. 235 of 2018, under Section 364 I.P.C., at Police Station - Ughaiti, District- Budaun.

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It appears that missing report was initially lodged by the petitioner in respect of her husband (Buddh Pal Maurya) being missing since 16.3.2018. Thereafter, first information report was lodged by expressing suspicion against three persons, namely, Rajendra, Roop Kishore and Rajesh on the basis of their claim that they have finished off the husband of the informant. When the matter was not properly investigated, informant filed this petition.

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On 5.3.2019 we required the learned A.G.A. to seek instruction from Investigating Officer and file his affidavit.

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An affidavit has been filed by the Investigating Officer pursuant to the order dated 5.3.2019. In the affidavit, it is stated that Buddh Pal Maurya could not be traced out. In the affidavit it is also stated that independent witness, Ramesh Chandra had seen Buddh Pal Maurya in district- Rewadi Haryana on 18.10.2018. It has also been stated in the affidavit that on account of old enmity, the accused were implicated.

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Under the circumstances, without expressing any opinion on the culpability of the persons involved, we dispose off this petition by giving liberty to the petitioner to file a comprehensive representation before the Senior Superintendent of Police, Budaun, in case, the petitioner has any grievance in the manner in which the investigation has been conducted so far. In case, any fault is indicated in the investigation or found by the Senior Superintendent of Police, Budaun, he shall pass appropriate orders in respect of transferring investigation to any other independent agency, which he may consider appropriate.

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It is further provided that if any such representation is filed

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pursuant to this order, the same shall taken into consideration within next two weeks.

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O rder Date :- 24.5.2019 A. Pt. Singh

Smt. Meena v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Smt. Meena v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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