This criminal miscellaneous writ petition challenged the investigation and location of the FIR. The court disposed of the petition without expressing an opinion on merits, directing the SSP to ensure free and fair investigation.
Directing the Senior Superintendent of Police to ensure free and fair investigation in accordance with law.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5817 of 2021
Petitioner :- Munim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Prajapati,Asharfi Lal Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner, and learned A.G.A. representing the State.
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 Senior Superintendence of Police, Mathura to take necessary action against Investigating Officer and after considering injury report of the petitioner add the section in First Infomration Report during investigation to some other Police Station for just and fare investigation in the interest of justice. "
Learned counsel for the petitioner submits that the investigating officer is not properly investigating the matter and collusively not taking action against the accused.
In view of the aforesaid, we do not find any good reason to entertain this writ petition. Therefore, without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed off with a direction to the Senior Superintendent of Police, concerned, to ensure that free and fair investigation is conducted in the matter, 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 along with 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 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 :- 21.9.2021 Deepak/
1 issue framed by the court
Whether the writ petition seeking mandamus for proper investigation and FIR location be entertained.
Munim
State Of U.P.
2 Others
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
