The Court disposed of a writ petition seeking direction for fair investigation of an F.I.R. under Section 379 IPC. It directed the second respondent to ensure fair, impartial, and expeditious investigation.
Direction to the second respondent to ensure the investigation of the aforesaid case fairly, impartially and expeditiously.
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. - 16920 of 2022
Petitioner :- Vibhash Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anand Mohan Rai Counsel for Respondent :- G.A.
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 direction to the respondent no. 2 and 3 to investigate the matter in fair and proper manner in pursuance of F.I.R. dated 1.5.2022 registered as Case Crime No. 220 of 2022, under Section 379 IPC, P.S. Ghatampur, District Kanpur Nagar.
According to the petitioner, on 1.5.2022, he lodged the impugned F.I.R. against private respondent 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. As such, learned counsel for the petitioner prayed for issuance of suitable direction for fair and impartial investigation.
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.
The writ petition is disposed of directing the second respondent to ensure the investigation of the aforesaid case fairly, impartially and expeditiously from the date of production of a certified copy of this order before him.
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 :- 29.11.2022 A.K.Srivastava
Digitally signed by ARUN KUMAR SRIVASTAVA Date: 2022.12.01 10:21:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue direction to the police to investigate the registered F.I.R. in a fair, impartial, and expeditious manner?
Vibhash Kumar
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
