Dismissed

Raj Kumari v. State of U.P. and 6 Others

Allahabad HC22 Mar 2023CRLP/18069/2022

Case brief

AI extract

What is this about?

Petitioner challenged registration under Section 306 IPC seeking registration under Section 302 IPC and transfer of investigation. Court observed facts indicated suicide by hanging and dismissed change of agency. Order directed police to conclude investigation fairly, impartially, and expeditiously within three months.

What did the court decide?

Petition regarding change of charge and agency dismissed; direction issued to police to complete investigation fairly and expeditiously within three months.

Raj Kumari Vs State of U.P. and 6… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 18069 of 2022

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Petitioner :- Raj Kumari Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Krishna Dutt Awasthi Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri K.D. Awasthi, learned counsel for the petitioner and Sri G.P. Singh, learned A.G.A. for the State respondents.

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Amendment application filed today, is taken on record.

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Application is allowed.

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Learned counsel for the petitioner is permitted to carry out necessary amendment during the course of the day.

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Office is directed to give number to the amendment application filed by Sri K. D. Awasthi, learned counsel for the petitioner.

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By means of the present petition the petitioner is seeking following reliefs:-

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"i. Issue a writ order or direction in the nature of mandamus directing the respondent no.2, i.e. Superintendent of Police Auraiya to register the case of the petitioner under Section 302 IPC deleting section 306 IPC in Case Crime No.295 of 2022 Police Station Erwakatara District Auraiya and proceed for investigation in accordance with law.

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ii. issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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iii. Award the cost of writ petition in favour of the petitioner.

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iv. Issue a writ order or direction in the nature of mandamus directing the authorities concerned to investigate the above noted case with any other investigating agency as C.B.I. or C.B.C.I.D. or Crime Branch team of Uttar Pradesh or any other suitable Investigating Agency."

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Personal affidavit of Superintendent of Police Auraiya has been filed by learned AGA wherein it is categorically stated that as per post mortem report cause of death is asphyxia due to hanging.

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Explanation regarding touching of the feet of the dead body on the floor has been given that the deceased had committed suicide by hanging himself with plastic rope and on slip/stretching of the plastic rope, the feet of the deceased were touching on the floor.

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We have also considered the counter affidavit filed by the petitioner wherein documents, applications etc. have been annexed. Attention was also drawn to previous first information report registered as Case Crime No.0253 of 2022 dated 04.09.2022 against one Sandeep.

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We find that Investigating Agency is conducting the investigation fairly and all the relevant documents are also on record to indicate the aforesaid facts, therefore, prima facie, there is no ground to grant relief in respect of change of investigating agency.

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Admittedly, the investigation is still pending and progressing.

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In the facts and circumstances of the case, we do not find any good ground to allow the prayer so made in the writ petition including the amended prayer.

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Petition is accordingly dismissed.

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At this stage, learned counsel for the petitioner submitted that direction may be issued to police authorities to conclude fair, impartial and proper investigation in the present case.

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Learned A.G.A. submits that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.

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Therefore, direction is issued to the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within three months from the date of production of a certified copy of this order before them.

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Order Date :- 22.3.2023 Nitendra

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Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad

Raj Kumari v. State of U.P. and 6 Others

Case brief

What is this about?

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Raj Kumari v. State of U.P. and 6 Others

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