Dharmendra Pratap Singh vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 1957 of 2024 Petitioner :- Dharmendra Pratap Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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The petitioner seeks issuance of a writ, order of direction in the nature of mandamus commanding the opposite parties No. 1 to 3 to transfer the investigation of NCR No.379/2020 under Section 427 IPC Police Station Kotwali Nagar District Gonda to the Special Investigation Team or other investigation team.

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Allegation is that the police official who has conducted the investigation namely S.I., Sunil Kumar is himself the accused but it is he, who has sought the permission under Section 155(2) Cr.P.C. and then conducted the investigation.

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Learned AGA says that chargesheet dated 13.06.2021 has already been filed in the court of Chief Judicial Magistrate, Gonda on 25.04.2023. The point is whether the police official, who is an accused has conducted the investigation and filed the chargesheet dated 13.06.2021.

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Let the AGA seek instructions from the Superintendent of Police, Gonda in this regard and if it is found that he has submitted the chargesheet then he shall also furnish an explanation, as to how this could have happened, if he was an accused, if it is so.

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List this case on 25.04.2024, as fresh.

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Let Superintendent of Police, Gonda file his affidavit in the matter by the next date.

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(Narendra Kumar Johari,J.) (Rajan Roy,J.)

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Order Date :- 28.3.2024 Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Dharmendra Pratap Singh v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

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Dharmendra Pratap Singh v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

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