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Suresh Chandra vs State Of U.P. And 5 Others on 6 August, 2019


?Court No. – 48

Case :- CRIMINAL MISC. WRIT PETITION No. – 20402 of 2019

Petitioner :- Suresh Chandra

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Vijay Shantam

Counsel for Respondent :- G.A.

Hon’ble Pritinker Diwaker,J.

Hon’ble Raj Beer Singh,J.

Heard Sri Vijay Shantam, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State-respondents.

This writ petition has been filed by the petitioner seeking direction to the police authorities to conduct fair and proper investigation in respect of FIR dated 15.01.2019, registered as Case Crime No. 05 of 2019 for the offence under Sections 498A, Section304-B of I.P.C. and 3/4 D.P. Act 1961, P.S. Narora, District Bulandshahar.

According to the petitioner on 15.01.2019, he lodged an FIR against the private respondents on which offence under Sections 498A, Section304-B of I.P.C. and 3/4 D.P. Act 1961, was registered against as many as five persons, but till date charge-sheet has been filed only against husband Munees. Learned counsel for the petitioners submits that while filing the charge-sheet against Munees an endorsement was made by the police on 01.04.2019 that in respect of other accused persons, the matter is under investigation. Learned counsel for the petitioners submits that police authorities are favoruing the accused persons for the reasons best known to them, whereas they are under obligation to conclude the investigation expeditiously in an impartial manner.

State counsel submits that a suitable direction may be issued to the police authorities for concluding the investigation in accordance with law.

The present petition is disposed of directing the police authorities to conclude the investigation of the said case in respect of other accused persons, within a period of two months from the date of production of certified copy of this order.

Petitioner is at liberty to file a fresh representation before the concerned Station House Officer and also to the concerned S.S.P and in the eventuality of doing so, the S.S.P. concerned shall look into the matter personally.

It is made clear that this Court has not expressed any opinion on merit of the case and the police authorities to act in accordance with law.

If the police fails to conclude the investigation, the petitioner would be at liberty to approach the higher police authorities.

Order Date :- 6.8.2019




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