Petitioner sought writ mandamus directing Circle Officer to conclude investigation in a criminal case regarding sexual offence. Court held no interference required for writ jurisdiction.
Petition dismissed; no direction issued.
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Neutral Citation No. - 2023:AHC:110132-DB
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 7739 of 2023
Petitioner :- Babula Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Satyendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Siddhartha Varma,J. Hon'ble Manish Kumar Nigam,J.
Heard learned Counsel for the petitioner and learned A.G.A. for the State.
The petitioner has preferred the present writ petition inter-alia with the following prayer :-
"Issue, a writ order or direction in the nature of mandamus directing the Circle Officer Soraon/Investigating Officer for concluding the investigation of Case Crime No.352/2020 Under Section 376D, 506, 427, 429 I.P.C. 3(2) 5 S.C./S.T. Act, 1989 and Amended Act-2015, P.S. Holagarh, District Prayagraj after producing the victim before learned court for recording the statement under Section 164 Cr.P.C."
Contention of the learned Counsel for the petitioner is that after lodging of the First Information Report by the petitioner, a final report was submitted by the Investigating Officer. Aggrieved with the final report, petitioner had filed a protest petition and on that protest petition, learned Special Judge, S.C./S.T. Act, Allahabad had directed for further investigation on 23.3.2021. It has been further stated by the learned Counsel for the petitioner that till date, no further investigation has been done by the Investigating Officer.
No interference is required. If the petitioner approaches the court which had ordered further investigation it may pass suitable orders.
Accordingly, the present writ petition is dismissed .
Order Date :- 19.5.2023 S. Singh
Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad
Babula Devi
State of U.P.
Another
Siddhartha Varma
Manish Kumar Nigam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
