Single judge disposed of a criminal miscellaneous writ petition seeking transfer of investigation and arrest order. Court declined to entertain the petition, expressing hope for fair and expeditious investigation proceedings.
Writ petition not entertained.
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. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8209 of 2021
Petitioner :- Vinaypal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Kumar Tyagi 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 A.G.A.
The present writ petition has been preferred for quashing the impugned order dated 16.7.2021 passed by the second respondent by which the investigation of the Case Crime No. 352 of 2018, under Section 326-A, 504, 506 I.P.C., P.S. Khekra, District Baghpat has been transferred to the third respondent and further prayed for commanding the second respondent to arrest the accused persons in the aforesaid case.
At the very outset, learned AGA raised an objection that so far as the order impugned whereby the second respondent after considering the report dated 14.7.2021 has transferred the investigation to the Crime branch along with requisite record, once the investigation is on, the second relief cannot be pressed.
We have occasion to peruse the material placed before us and in the facts and circumstances, we are not inclined to entertain the writ petition. However, we hope and trust that the investigation of the present case must be concluded fairly, impartially and expeditiously.
With the aforesaid observations, the writ petition stands disposed of .
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 shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.10.2021 A.K.Srivastava
1 issue framed by the court
Whether to entertain the writ petition transferring investigation and ordering arrest.
Vinaypal
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
