Criminal Misc. Writ Petition seeking direction for fair and impartial investigation of a case registered under IPC sections. The Court directed police to conclude investigation fairly within three months.
Direction to police authorities to conclude the investigation of the said case fairly, impartially and expeditiously within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:99056-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5901 of 2023
Petitioner :- Pratap Singh Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Manish Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.
Heard Sri Manish Singh, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State respondents.
In pith and substance, the petitioners are seeking direction to respondents to ensure fair, impartial and proper investigation of the FIR dated 6.3.2022, registered as Case Crime No. 56 of 2022 under Sections 420, 467, 468, 471 and 120B IPC, P.S. Kotwali, District Kanpur Nagar.
Learned counsel has prayed for issuance of suitable direction for fair and impartial investigation.
On instructions, learned AGA has pointed out that vide order dated 17.3.2023 the investigation has been transferred from Crime Branch to Kotwali Nagar and investigation is pending. He further 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.
The present petition is disposed of directing 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.
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.
Order Date :- 9.5.2023
Abhishek
Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Court should issue direction for fair and impartial investigation of the FIR.
Whether the Court should direct the police to conclude the investigation within a specified timeline.
1 provisions across 1 enactments
Pratap Singh
State Of U.P.
Vivek Kumar Birla
Surendra Singh I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
