Disposed

Tilak Singh v. State of Up and 5 Others

Allahabad HC25 Sept 2024CRLP/17340/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the petitioner sought mandatory directions for a fair and expeditious investigation in a criminal case alleging delayed or influenced investigation. The court directed the Superintendent of Police to investigate within three months.

What did the court decide?

The Superintendent of Police, Kasganj was directed to call for records and ensure a fair, impartial and expeditious investigation within three months.

Tilak Singh vs State of Up and 5… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:172257-DB

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 17340 of 2024

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Petitioner :- Tilak Singh Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Yadvendra Singh Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Today, advocates are abstaining from judicial work.

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This writ petition is preferred praying for the following principal relief:

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"(i) Issue a writ, order or direction, in the nature mandamus commanding and directing the respondent no.2 to direct the respondent No.3 to investigate the matter fairly within stipulated time in connection with the Case Crime No.522 of 2024, under Section 365 of I.P.C. Police Station Kasganj, District Kasganj.

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(ii) Issue a writ, order or direction, in the nature mandamus commanding and directing the respondent no.2 to direct the respondent No.3 to conclude the investigation and submit the charge sheet after investigated the matter fairly and properly."

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It transpires from the reocord that fair investigation is not being conducted on account of influence exercised by the accused persons.

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Learned AGA, on the basis of instructions, states that in the instant matter, during investigation Section 376 I.P.C. is also added and such aspects shall be examined by the second respondent, at the first instance.

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In the facts of the case, we permit the petitioner to approach the Superintendent of Police, Kasganj highlighting his grievance, who shall call for records and will ensure that a fair and impartial investigation, in accordance with law, is got conducted and concluded, expeditiously, preferably within a period of three months from the date of presentation of a certified copy of this order.

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With the above observations/directions, this writ petition stands disposed of .

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Order Date :- 4.11.2024 NLY

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Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad

Tilak Singh v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

Tilak Singh v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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