Victim filed writ petition seeking direction for fair investigation of cognizance under IPC and SC/ST Act. Court disposed of petition directing police to conclude investigation within three months.
Direction to respondents to ensure fair and appropriate investigation and conclude within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 17014 of 2020
Petitioner :- Km. Joshi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Singh,Indrajeet Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the victim/ informant praying for a direction to the respondent Nos.2 and 3 for fair investigation in First Information Report dated 16.09.2020 in Case Crime No.0317 of 2020, under Sections 364, 376-D, 506 I.P.C. & 3(2) SC/ ST Act, 1989 (Amendment 2015), P.S. Bhopa, District Muzaffarnagar.
Learned counsel for the petitioner submits that the police is acting in collusion with the accused person and till date neither any accused has been arrested nor chargesheet has been submitted by the police. The petitioner apprehends that the police may submit a final report on extraneous consideration.
Learned A.G.A. submits that the respondent Nos.2 and 3 shall ensure fair investigation in the matter.
Considering the submissions of the learned counsels for the parties and without expressing any opinion on merits of the First Information Report, this writ petition is disposed of with a direction to the respondent Nos.2 and 3 to ensure a fair and appropriate investigation in the aforesaid First Information Report and conclude the same expeditiously, preferably within three months from the date of production of a copy of this order.
Order Date :- 6.1.2021 NLY
1 issue framed by the court
Whether a direction should be issued to ensure fair and expeditious investigation.
2 provisions across 2 enactments
Km. Joshi
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
