Disposed

Smt. Soni Jaiswal v. State of U.P. and 7 Others

Allahabad HC4 Oct 2023CRLP/15601/2023

Case brief

AI extract

What is this about?

The High Court disposed of a criminal writ petition seeking directions for fair investigation and submission of a report within 60 days. The court invoked Section 156(3) Cr.P.C. based on a previous Div Bench decision, instructing the Investigating Officer to conduct a professional and unbiased investigation.

What did the court decide?

IO directed to hold a professional, transparent, and unbiased investigation and submit report within 60 days.

Smt. Soni Jaiswal Vs State of U.P. and 7 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:190948-DB

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Court No. - 67

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15601 of 2023

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Petitioner :- Smt. Soni Jaiswal Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- G.A.

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Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

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By means of the present petition the petitioner has sought following main prayer:

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"(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to ensure the fair investigation of Case Crime 148 of 2012 under Section 147, 452, 323, 504, 506, 420 of 1.P.C., Police Station Mutthiganj, District Prayagraj."

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Submission made by the counsel for the petitioner is that after lodging of the FIR, the police after investigation submitted the closer report and the same was protested by the State then vide order dated 6.8.2022, the protest petition was accepted by the Additional Chief Judicial Magistrate, Court No. 9, Allahabad and Final Report No. 60 of 2013, dated 27.8.2013 was rejected and thereafter the matter was referred for further investigation.

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It is contended by the learned counsel for the petitioner that matter is of the year, 2013. Initially a Division Bench of this Court in the case of Ajay Kumar Pandey Vs. State of U.P. in paragraph-17 of its judgment has opined that:-

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"17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will

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include all such incidental powers as are necessary for ensuring a proper investigation."

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Without commenting on the merits of the case, it is expected from the IO of the case that he would hold a professional, transparent and unbiased investigation into the matter and submit its report either ways closure report or charge sheet within next 60 days from today unaffected by any of the pressure.

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With the aforesaid observation, the writ petition stands disposed of .

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Order Date :- 4.10.2023 M. Tarik

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Smt. Soni Jaiswal v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Smt. Soni Jaiswal v. State of U.P. and 7 Others

Case brief

What is this about?

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What the court decided

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