This court dismissed a criminal miscellaneous writ petition filed by Rakesh Kumar seeking fair investigation of a murder case. The court was informed that the accused had been arrested and a charge sheet submitted.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 9617 of 2020
Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Mrs Shilpa Ahuja and Sri Nand Kishor Mishra, learned counsel for the appellant and Sri Deepak Mishra, learned AGA for the State respondents.
In this writ petition the petitioner is seeking fair investigation of Case Crime no. 0116 of 2020 registered under Section 302, 323 and 504 I.P.C., P.S. Saidnagli, District Amroha.
In pursuance of the order dated 1.10.2020 of this Court, the I.O. Sri Rajiv Kumar Sharma of Case Crime no. 0116 of 2020 is present in person before the Court.
Learned AGA on instructions received informs that in the aforesaid case, accused Bhura @ Vaibhav S/o Ajay and Deepak S/o Satypal have been arrested and charge sheet has also been submitted against them on 19.06.2020 on which cognizance has been taken by the CJM concerned on 26.8.2020. He has passed on to the court a copy of the charge sheet as well as the copy of postmortem report which is taken on record. Learned AGA further submits that the complicity of the other two accused persons, namely, Monu S/o Kumod and Kumod S/o Ghaasi Singh in the crime could not be found during investigation, therefore, they have been exonerated and their names have not been included in the police report.
In this view of the matter, nothing further remains in this writ petition.
The writ petition is accordingly, dismissed.
The personal appearance of the I.O. Rajiv Kumar Sharma is dispensed with.
Order Date :- 19.10.2020 Kirti
1 issue framed by the court
Whether the writ petition seeking fair investigation in a criminal case under Section 302 IPC should be allowed.
1 provisions across 1 enactments
Rakesh Kumar
State Of U.P.
B. Amit Sthalekar
Shekhar Kumar Yadav
As recorded by the court registry
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