In a criminal miscellaneous writ petition, the Court took a progress report regarding the recovery of the victim. It held that while arrest could not be made, the investigation was not stayed. The Court instructed the Investigating Officer to conclude the investigation without delaying it.
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Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 1740 of 2020
Petitioner :- Asif Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Tiwari Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.
Progress report/affidavit filed by the Investigating Officer/respondent no. 3 in Case Crime No. 516 dated 20.12.2019 submitted today is taken on record.
The respondent no. 3 namely Sri Ajeet Singh presently posted as Sub-Inspector at Police Station Hayat Nagar, District Sambhal is personally present in the Court.
It is specifically stated therein that the deponent had visited the house of relatives of the named accused and had taken all necessary steps to recover the victim Km. Anam. However, it was transpired during the course of investigation that both the victim Km. Anam and accused Vikas had approached this Court in Criminal Misc. Writ Petition No. 4136 of 2020 (Smt. Anamika @ Anam and another vs. State of U.P. and others) for seeking an interim protection while praying for quashing of the first information report.
Interim protection has been granted by this Court vide judgment and order dated 5.3.2020.
However, considering the said submissions, we find that though arrest cannot be made but investigation has not been stayed by this court. The Investigating Officer is under obligation to conduct and bring the investigation to its logical conclusion at the earliest.
In case of any delay on the part of the Investigating Officer in concluding the investigation, the first informant would be at liberty to approach this Court again.
The writ petition is disposed of .
Order Date :- 6.3.2020 Brijesh
2 issues framed by the court
Whether arrest could be made and whether investigation had to be stayed pending the flow of events in a related writ petition.
Whether the Investigating Officer had an obligation to conclude the investigation without stay.
Asif
State Of U.P.
Sunita Agarwal
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
