In a writ petition alleging police inaction in a kidnapping case, the Court directed police to conduct a fair, impartial and expeditious investigation, submit charge sheet, and arrest accused persons.
Directed police authorities to conclude the investigation of the case fairly, impartially and expeditiously.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12720 of 2022
Petitioner :- Lakhan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Prakash Giri Counsel for Respondent :- G.A.,Santosh Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
In pith and substance, the petitioner is seeking a writ, order or direction in the nature of mandamus commanding/directing the respondent No.2 and 3 to conduct fair investigation, submit charge sheet and to make arrest of accused persons as detailed in the FIR dated 11.06.2022, lodge by the informant/petitioner which has been registered as Case Crime No.0650/2022, under Section 366 IPC, Police Station Highway, District Mathura.
According to petitioner, he lodged a report against private respondents under the aforesaid Sections, 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.
Learned A.G.A. submits 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.
The present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously.
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.
Order Date :- 21.10.2022 ML
Digitally signed by MUNNA LAL Date: 2022.10.21 16:49:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Court should direct fair and expeditious investigation and arrest of accused in an alleged kidnapping case when police appear inactionary.
Lakhan Singh
State Of U.P.
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
