In an unreported order, the High Court directed police to proceed with investigation in Crime No. 395 of 2016 without adjudicating on merits and disposed of the writ petition.
Direction issued to respondent-police to proceed with investigation in Crime No. 395 of 2016 and file a final report expeditiously.
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HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
WRIT PETITION No. 17889 of 2016
ORDER:
Heard learned counsel for the petitioner and Government Pleader for Home.
There is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate the issue on merits.
The present Writ Petition came to filed seeking issuance of a Writ of Mandamus declaring the inaction of the third respondent in completing the investigation in Crime No.395 of 2016 of Uppal Police Station, registered for the offences punishable under Sections 448 and 506 IPC, as illegal and arbitrary; and consequently to direct the third respondent to complete the investigation in the above crime as early as possible.
Learned counsel for the petitioner submits that D.V.C. was filed in the year 2008 and a look out notice is also pending. Taking into consideration the nature of allegations made in the present crime, he seeks a direction to the police to complete the investigation in the above crime.
Without going into the merits of the case and having regard to the nature of allegations made, the respondent-police shall proceed with the investigation in Crime No.395 of 2016 of Uppal Police Station, in accordance with law and file a final report as expeditiously as possible.
With the above direction, the writ petition is disposed of.
No order as to costs.
Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________ JUSTICE C. PRAVEEN KUMAR 08.06.2016 gkv
2 issues framed by the court
Whether writ petition seeking direction to police to complete investigation in Crime No. 395 of 2016 should be allowed without adjudication on merits.
Whether to direct the respondent-police to proceed with investigation in Crime No. 395 of 2016 of Uppal Police Station as per law and file final report.
Petitioner
Government Pleader for Home
Third Respondent
Uppal Police Station
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
