This court dismissed a writ petition seeking mandamus for fair investigation and arrest. The petition was declared infructuous as investigation concluded and accused were charge sheeted.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2503 of 2021
Petitioner :- Drigapal Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Chandra Yadav,Mata Prasad Pal Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
The present writ petition has been preferred for mandamus directing the respondent Nos. 2 and 3 to ensure fair investigation and arrest accused in pursuance of the first information report dated 26.9.2019 in Case Crime No. 0144 of 2019 under Sections 302, 201 IPC, Police Station Amritpur, District Farrukhabad.
A short counter affidavit on behalf of Investigating Officer, Police Station Amritpur, District Farrukhabad has been filed. The paragraph-5 of the short counter affidavit reads as under:-
" 5 . That during investigation complicity of accused persons namely Sandeep Chauhan, Virendra @ Vire and Ankit, who have been arrayed as respondent Nos. 4, 5 and 6 in the instant writ petition were also revealed in commission of crime, and accordingly they were charge sheeted vide charge sheet No. 142/19A dated 25.5.2021 under Sections 302, 201 IPC. The investigation of the case has already been concluded. The aforesaid charge sheet has been submitted in the court concerned. A photostat copy of the aforesaid charge-sheet is annexed herewith as Annexure CA-1 to this affidavit."
The petition is accordingly dismissed as having become infructuous.
Order Date :- 26.8.2021
Jaswant
1 issue framed by the court
Whether the writ petition for mandamus is maintainable after conclusion of investigation and charge sheet submission.
Drigapal Singh
State Of U.P.
Sandeep Chauhan
Virendra @ Vire
Ankit
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
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