Writ petition seeking direction to transfer criminal investigation to ensure fair process. Court disposed petition directing Superintendent of Police to conduct a free and fair investigation without ordering specific transfer.
Direction to respondent no.2 to ensure free and fair investigation of the offences under Section 380 IPC.
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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2471 of 2021 Petitioner :- Anurag Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned AGA.
This writ petition has been filed praying for the following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to transfer the investigation of present case i.e. Case Crime No. 0066 of 2020, under Section 380 I.P.C., Police Station Ughaiti, District Badaun, to another police station or any other independent agency under his supervision for conducting fair investigation of the present case i.e. Case Crime No. 0066 of 2020, under Section 380 I.P.C., Police Station Ughaiti, District Badaun."
Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively not taking action against the accused.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no.2/ Senior Superintendent of Police, Badaun, to ensure that free and fair investigation is conducted and concluded in the offences referred as above, in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021 Kamarjahan
1 issue framed by the court
Whether a writ should be issued directing transfer of criminal investigation to ensure fair investigation.
Anurag
State Of U.P.
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
