Disposed

Indradev v. State of U.P. and 4 Others

Allahabad HC4 Oct 2021CRLP/8591/2021

Case brief

AI extract

What is this about?

This writ petition sought a direction to change the investigating officer for Case Crime no. 90 of 2021 due to apprehension of inaction or police protection. The Court directed police to conduct a fair, impartial, and expeditious investigation within two months, reserving merit issues for the competent authority.

What did the court decide?

Directing the police to conclude the investigation fairly, impartially and expeditiously within two months.

Indradev Vs State of U.P. and 4 Others — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8591 of 2021

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Petitioner :- Indradev Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Patel Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.

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In pith and substance, the petitioner is seeking direction to respondent no. 2 to change the investigating officer and ensure fair, impartial and proper investigation of the Case Crime no. 90 of 2021 under Sections 342, 376-D, 506 IPC, P.S. Mau Aima, District Prayagraj.

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According to petitioner, on 1.3.2021, a first information report against private respondents was lodged under Sections 342, 376-D, 506 IPC, but till date nothing has been done by the police authorities. An apprehension has been shown by the petitioner that either the police is protecting the accused or is not interested to take any action against them. Learned counsel has prayed for issuance of suitable direction for fair and impartial investigation.

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Learned A.G.A. submits that that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.

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The present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within two months from the date of production of a copy of this order before them.

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It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.

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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

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the mobile number to which the said Aadhar Card is linked.

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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.

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Order Date :- 4.10.2021 Jaswant

Indradev v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Indradev v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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