Disposed

Chandrakant Shukla and 2 Others v. State of U.P. and Another

Allahabad HC16 Feb 2023A482/3462/2023

Case brief

AI extract

What is this about?

Single Judge disposed of an application under Section 482 Cr.P.C. directing the Investigating Officer to complete investigation in a free and fair manner without influence from the trial court's observations, pending final conclusion of facts.

What did the court decide?

Directed investigating officer to investigate in free and fair manner without influence of trial court observations, contingent on case status.

Chandrakant Shukla and 2 Others Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3462 of 2023

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Applicant :- Chandrakant Shukla And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amresh Tripathi,Pankaj Kumar Gupta

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Pankaj Kumar Gupta, learned counsel for the applicants, Sri U.P. Singh, learned counsel for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Chandrakant Shukla, Girjesh Mishra and Smt. Suganti Devi with the prayer to set aside the impugned order dated 16.4.2022 passed by learned Chief Judicial Magistrate, Court No. 17, Deoria in Protest Application No. 177 of 2018 (Shivnath vs. Prabhunath) arising out of Case Crime No. 60 of 2017, under Sections 419, 420, 409 I.P.C., P.S.Kotwali Salempur, District Deoria and with the further prayer to stay the effect and operation of the impugned order dated 16.4.2022 during pendency of the present application.

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The facts of the matters are that the present matter was investigated and a Final Report was submitted after which a protest petition was filed on which the trial court vide order dated 16.4.2022 rejected the said Final Report and directed the S.H.O. concerned to further investigate the same in view of the observations of the court in the said order.

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Learned counsel for the applicant argued with all vehemence that the trial court has committed gross irregularity and illegality in passing the impugned order inasmuch as it has ordered the S.H.O. concerned to investigate the matter as per its observations which would not leave the investigating agency with an option to fairly and impartially investigate the matter. It is argued that the order impugned is thus bad in the eyes of law. However, a statements has been given at Bar by learned counsel for the applicants that although the order impugned dated 16.4.2022 had stated the investigation will be completed within one month and to submit report to the said court but the investigation is still continuing. It is argued that therefore the said order be stayed.

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Per contra, learned State counsel opposed the prayer.

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After having heard learned counsels for the parties and perusing the record, it is provided that if the investigation is still under progress and has not yet completed, the Investigating Officer shall investigate it in free and fair manner without being influenced by any of the observations of the trial court in its order dated 16.4.2022.

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It is made clear that if the investigation has concluded the Investigating Officer shall file his report before the court concerned which shall be dealt with in accordance with law.

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The present application under Section 482 Cr.P.C. is disposed of with the aforesaid directions.

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(Samit Gopal,J.)

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Order Date :- 16.2.2023

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Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Chandrakant Shukla and 2 Others v. State of U.P. and Another

Case brief

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Chandrakant Shukla and 2 Others v. State of U.P. and Another

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