This court dismissed a writ petition seeking directions for a fair investigation in a murder case. Since the trial court had already taken cognizance after the chargesheet was filed, no further writ direction was required.
No further direction to conduct investigation; pending investigation against others directed to be concluded expeditiously.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 926 of 2022
Petitioner :- Ashraf Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidit Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Prayer in this petition is to direct the respondent authorities to conduct fair investigation in Case Crime No. 42 of 2021, under Sections 147, 148, 149, 302 I.P.C., Police Station - Rorawar, District - Aligarh.
Learned AGA points out that investigation has already concluded and a chargesheet has been submitted in the matter on 29.10.2021 against four persons. It is stated that cognizance has already been taken by the court concerned on 3.11.2021.
Once that be so, we are of the view that since the court concerned has already taken cognizance after the conclusion of evidence, no further direction in the writ petition is called for. The writ petition, accordingly, is dismissed.
It goes without saying the investigation against other persons, which is stated to be pending, shall be concluded, expeditiously.
Order Date :- 24.2.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.02.24 17:18:55 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether directions for fair investigation are necessary when cognizance has already been taken after conclusion of evidence.
Ashraf
State Of U.P.
3 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
