Disposed

Harjinder Singh v. State of U.P. and 2 Others

Allahabad HC7 Jul 2020CRLP/6734/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by Harjinder Singh seeking enforcement of his right to speedy, fair and impartial investigation in an ongoing FIR. The Court emphasized the fundamental canon of fair investigation and directed the Superintendent of Police to supervise the investigating officer to conclude the inquiry within three months, avoiding unnecessary delay.

What did the court decide?

Directed the Superintendent of Police, Farrukhabad to supervise the investigation and mandate the Investigating Officer to conclude it expeditiously within three months, ensuring fairness and impartia

Harjinder Singh Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6734 of 2020

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Petitioner :- Harjinder Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the petitioner as well as learned A.G.A. for the State.

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The instant writ petition has been filed by the petitioner with a prayer to direct the respondent nos.2 and 3 to ensure fair and impartial investigation in Case Crime No.0308 of 2020 under Sections-323, 504, 506, 452 IPC, Police Station-Farrukhabad Kotwali, District-Farrukhabad.

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It is submitted by the learned counsel for the petitioner that petitioner had lodged an FIR on 14.03.2020 against four named accused persons, namely Virendra Kumar Tiwari, Umesh Dixit, Devakant Tiwari alias Guddu Tiwari and Vikrant Tiwari but the investigation of the case is going on at snail's pace. The petitioner has no other efficacious remedy except to invoke the extraordinary power conferred upon this Court under Article 226 of the Constitution of India for enforcement of his right to have speedy, fair and impartial investigation against the accused persons/respondents involved in the commission of offence.

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Learned A.G.A. contended that fair and impartial investigation is the quintessence of criminal justice. The

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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, we are of the considered view that substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation is the fundamental canon of our criminal jurisprudence and is quite in conformity with the constitutional mandate enshrined under Articles 20 and 21 of the Constitution of India, hence, the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretence. Thus, it is provided that the Superintendent of Police, Farrukhabad i.e. respondent no.2 shall take effective steps to supervise over the matter issuing mandate to the Investigating Officer to proceed with the investigation in a very fair, unbiased and impartial manner, who will conclude it expeditiously, preferably within three months from the date of production of a certified copy of this order, avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on call of the Investigating Officer.

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With the aforesaid directions, this writ petition is disposed of.

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Order Date :- 7.7.2020 Manish Himwan

Harjinder Singh v. State of U.P. and 2 Others

Case brief

What is this about?

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Harjinder Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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