Criminal writ petition directed to transfer investigation and ensure fair investigation of a murder case or provide police protection. The High Court dismissed the petition as infructuous due to the efflux of time without substantive reasoning.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16963 of 2017 Petitioner :- Vindeshawari Prasad Respondent :- State Of U.P. Thru. Secy. Home And Ors. Counsel for Petitioner :- Anuj Pandey,Shiv Ganesh Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
This writ petition has been filed by the petitioner - Vindeshawari Prasad with the following prayers :-
"1. Issue a writ, order or direction in the nature of mandamus whereby directing the opposite party no.2 to transfer the investigation to ensure the fair and proper investigation of case crime no.189 of 2017, under Sections 302, 506 I.P.C. at Police Station Inayat Nagar, District Faizabad (contained as annexure no.1).
2. Issue a writ, order or direction in the nature of mandamus whereby directing the opposite party no.2 to ensure fair and proper investigation of case crime no.189 of 2017, under Section 302, 506 I.P.C. at P.S. Inayat Nagar, District Faizabad.
3. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to provide the police protection to the petitioner and his family members."
It appears that by efflux of time, the instant writ petition has become infructuous.
Accordingly, the instant writ petition is dismissed as infructuous .
Interim order, if any, stands vacated.
However, it is open for the petitioner to move an appropriate application within two months from today, if the matter survives.
(Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 3.3.2022 Anand Sri./-
Digitally signed by ANAND KUMAR SRIVASTAVA Date: 2022.03.04 19:04:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Vindeshawari Prasad
State Of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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