Allahabad High Court
Ram Prasad vs State Of U.P. Thru. Secy. Home Civil ... on 10 January, 2024
Bench: Rajan Roy, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:2721-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 9654 of 2023 Petitioner :- Ram Prasad Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Anoop Srivastava Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J.
Hon'ble Narendra Kumar Johari,J.
Vakalatnama filed by Sri Ajay Kumar, Advocate on behalf of opposite party no. 5 today is taken on record. Heard.
The petitioner has filed this petition seeking the following main reliefs:
"(i) Issue a Writ, Order or direction in the nature of Mandamus thereby commanding and directing the opp. parties to constitute a Panel and conduct re-post mortem on the dead body of the son of the petitioner namely Deepak @ Rajesh, exhuming the corpus from the grave.
(ii) Issue a Writ, Order or direction in the nature of Mandamus thereby commanding and directing the opp. parties to register an F.I.R. regarding the murder of the son of the petitioner namely Deepak @ Rajesh committed by the opp. party no. 5."
It appears that the son of the petitioner is died.
The assertion is that he was murdered but the police is not taking appropriate steps and not lodging the FIR. There is also a prayer for re-postmortem. Counter affidavit has been filed by Circle Officer on behalf of Deputy Superintendent of Police, District Raebareli. As per the said affidavit, a Special Investigation Team has been constituted under the orders of the Director General of Police, Uttar Pradesh which is headed by Inspector General of Police namely Sri Tarun Gava. The deponent, who has filed this counter affidavit, is a part of the said team. FIR has been lodged in the matter under Section 302 IPC. Re-postmortem has already taken place on 6.1.2024. Sri S.P. Singh, learned AGA says that the Special Investigation Team shall take the investigation to its logical conclusion and take all effective steps to investigate the matter, consequences shall follow, accordingly, as per law. In view of the aforesaid, nothing further is required to be done by this Court.
We dispose of this petition with a direction to the concerned police officials, who are a part of the Special Investigation Team, to conduct the investigation in a fair and prompt manner and take the same to its logical conclusion as per law. It is made clear that we have not, at all, entered into the merit of the case.
(Narendra Kumar Johari, J.) (Rajan Roy, J.) Order Date :- 10.1.2024 AKK