Disposed

Om Prakash v. State of U.P. and 7 Others

Allahabad HC8 May 2023CRLP/5256/2023

Case brief

AI extract

What is this about?

This court disposed of a criminal miscellaneous writ petition seeking a direction to conclude the investigation in a case involving offenses under the IPC. The petition argued that the investigation was incomplete and sections were added indicating a heinous offense. The court directed the police to conclude the investigation fairly, impartially, and expeditiously within three months.

What did the court decide?

Police authorities directed to conclude the investigation of the case fairly, impartially, and expeditiously within three months.

Om Prakash Vs State of U.P. and 7 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:97735-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5256 of 2023

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Petitioner :- Om Prakash Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ramesh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.

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Heard Sri Ramesh Kumar Singh, learned counsel for the petitioner and Sri Sushil Jaiswal, learned State Law Officer for the Staterespondents.

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The present writ petition has been preferred to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 and 3 to ensure the arrest of accused respondent no. 4 to 8 and also conclude the investigation in pursuance to the FIR dated 17.07.2022 in Case Crime No. 0226 of 2022, under Sections 323, 504, 506, 427, 304, 326 IPC, Police Station Karchhana, District Prayagraj, within stipulated time in fair and impartial manner so that justice may be done.

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It is submitted that the first information report is dated 17.07.2022, till date the investigation is not complete and charge-sheet has also been submitted against one person Chhakkan Lal Patel being Charge-sheet No. 254 of 2022 on 18.10.2022 whereas against other persons the investigation is pending. Submission is that during investigation Sections 304 and 326 were added which clearly indicates that prima facie heinous offence has been committed but the investigation is not being completed. It is further submitted that the bail application of Chhakkan Lal Patel has been rejected by this Court and anticipatory bail filed by one of the absconding co-accused Kissan Patel has also been rejected by this Court. Submission therefore is that the investigation is liable to be concluded.

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Learned A.G.A. submits that 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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The present petition is disposed of directing the police authorities

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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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It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.

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Order Date :- 8.5.2023 Pratima

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Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Om Prakash v. State of U.P. and 7 Others

Case brief

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Om Prakash v. State of U.P. and 7 Others

Case brief

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