The court disposed of a writ petition disputing the filing of a police final report. It directed the Additional General Prosecutor to file the report by May 17, 2023, or face action against the Circle Officer.
Petitioner directed to await filing of final report by May 17; AGA to file positively by then.
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Neutral Citation No. - 2023:AHC:103213-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1047 of 2023
Petitioner :- Hitesh Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
Learned AGA states that a final report has already been filed by the police in the matter. This fact is being disputed by learned counsel for the petitioner, who states that this final report, if any, according to the instructions received by him has not been filed in court till two days back.
In view of the above dispute, we dispose of this writ petition directing learned AGA to ensure that in case the final report has not been filed in court till today, the same shall be filed positively by 17th of May, 2023, failing which, it shall be open for the petitioner to initiate proceedings against the concerned Circle Officer for violation of this direction.
In case, the final report is filed or has already been filed, it shall be open for the petitioner to proceed in accordance with law, against the final report.
Subject to the above, this writ petition stands disposed of.
Order Date :- 12.5.2023 Mayank
Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the final report has been filed in court.
What direction to issue regarding the filing of the final report if not yet filed.
Hitesh Singh
State Of U.P.
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
