Disposed

Ravi Shankar v. State of U.P. and 5 Others

Allahabad HC18 Apr 2019CRLP/9984/2019

Case brief

AI extract

What is this about?

This writ petition invoked the court's extraordinary jurisdiction to direct the Superintendent of Police, Jaunpur, to conduct a fair and impartial investigation into an FIR lodging date 16.8.2018 regarding offences under sections 354, 294, 506, 376, and 511 I.P.C.

What did the court decide?

The Superintendent of Police, Jaunpur, directed to conduct effective, fair, and impartial investigation and conclude same within two months from the date of order.

Ravi Shankar Vs State of U.P. and 5 Others — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9984 of 2019

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Petitioner :- Ravi Shankar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay,Vinod Kumar Maurya Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,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 instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent no. 2 to conduct fair investigation pursuant to the first information report dated 16.8.2018 registered in case Crime No. 0127 of 2018, under Sections 354, 294, 506, 376 and 511 I.P.C., police station Sujanganj, district Jaunpur.

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It is submitted by the learned counsel for the petitioner that the first information report has been lodged on 16.8.2018 in respect of the aforesaid offence of ravishing the minor daughter of the petitioner. According to the High School Certificate the date of birth of the victim is 17.9.2002, as such she is minor whose statement was recorded under Section 164 Cr.P.C. on 29.9.2018 whereby she has attributed specific role of ravishing her by the accused/respondents. There is active participation of the accused/respondents 4, 5 and 6 but neither the investigation has been completed nor the accused persons have been arrested who are wandering fearlessly. The investigation is going on in snail's pace, the accused persons are extending threat of dire consequences. The minor daughter is also leading worst days of her life under horror and trepidation committed by the accused respondents.

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The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.

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Having considered the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the Superintendent of Police, Jaunpur, respondent no. 2 is directed to take effective steps and shall make its earnest endeavour to ensure fair and impartial investigation and be concluded within a period of two months from the date of production of a certified copy of this order.

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With the above direction, this petition is finally disposed of.

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Order Date :- 18.4.2019 Shahnawaz

Ravi Shankar v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Ravi Shankar v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

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