Harilal Mishra Vs State of U.P. and 2 Others

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 1239 of 2020

Petitioner :- Harilal Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Kannaujia,Ganesh Shanker Srivastava

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Counsel for Respondent :- G.A.

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Hon'ble Pritinker Diwaker,J. Hon'ble Shekhar Kumar Yadav,J.

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Heard Sri Om Prakash Kannaujia, learned counsel for the petitioner and learned A.G.A. for the State.

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This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and proper investigation in respect of Crime No.0040 of 2019 for the offence under Section 304 of IPC Police Station-Chauri, District Bhadohi.

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According to petitioner on 10.06.2009, he lodged a report under Section 304 of IPC but till date nothing has been done by the police.

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Learned counsel submits that purpose of filing this petition would be served if direction is issued to the police authorities to investigate the matter fairly and impartially.

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State counsel has no objection to this proposition. He submits that even otherwise State is under the obligation to do fair and impartial investigation.

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The petition is disposed of directing the police authorities to complete the investigation as expeditiously as possible preferably within three months from the date of production of certified copy of this order.

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The petitioner would be at liberty to make appropriate representation before the higher police authorities in this regard.

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It is made clear that this Court has not expressed any opinion on merit of the case and it is expected from the police authorities to complete the investigation in accordance with law.

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Order Date :- 27.1.2020 C. MANI

Harilal Mishra v. State of U.P. and 2 Others

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Harilal Mishra v. State of U.P. and 2 Others

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