Allahabad High Court
Akhilesh Kumar @ Akhilesh Bhai ... vs State Of U.P.Thru.Prin.Secy. Home And ... on 5 July, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 9030 of 2020 Petitioner :- Akhilesh Kumar @ Akhilesh Bhai Dujaidaas Kori And Another Respondent :- State Of U.P.Thru.Prin.Secy. Home And Ors. Counsel for Petitioner :- Dhirendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Virendra Singh, Advocate holding brief of Shri Dhirendra Pratap Singh, learned counsel for the petitioners and Shri Arunendra, learned A.G.A. for the State/respondents no. 1 to 4.
The instant writ petition has been filed by the petitioners- Akhilesh Kumar @ Akhilesh Bhai Dujaidaas Kori and Sonal for the following primary relief:
"I. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to transfer the investigation, of the FIR at case crime No.(FIR No.) 390/19 dated 20.11.19, under section 376D IPC, 3/4 POCSO Act and Section 3(2)(5) SC/ST Act and Section 67B IT Act, Police Station Jagatpur District Raebareli, to any other officer from the OP No.3-4.
II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to save and secure life of the petitioners and their family members from the OP no.5-6, who are acted with the support of the OP no.4.
III. Issue a writ, order or direction in the nature of the mandamus commanding the opposite parties, to investigate properly and fairly, and to take necessary steps, including arrest of named accused Shambhu Prasad and Pushpendra Pal, (the OP no.5-6) in FIR at case crime No. (FIR No.) 390/19 dated 20.11.19, under section 376D IPC, 3/4 POCSO Act and section 3(2)(5) of SC/ST Act and Section 67 B IT Act, Police Station Jagatpur District Raebareli as contained in Annexure No.1 to this writ petition. "
Learned counsel for the petitioners submits that the petitioner no.1 is the complainant of the present case and father of petitioner no.2, who is victim/prosecutrix of the present case. He lodged the impugned F.I.R. on 20.11.2019 against the respondent nos.5, 6 and accused Sonu and other unknown persons but till date the investigation has not been concluded, hence he has come up before this Court by filing the present petition. He further submits that earlier petitioners have approached this Court by way of filing Writ Petition No.2730 (M/B) of 2020 which was disposed of with the direction that the police shall complete the investigation in a fair and proper manner and file the police report under Section 173(2) Cr.P.C. without any further delay by a Co-ordinate Bench of this Court vide order dated 17.02.2020, a copy of the same is annexed as Annexure No.2 to the writ petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
After considering the arguments advanced by learned counsel for the parties, we do not find any good ground to transfer the investigation of the present case as well as arrest of named accused persons, hence the prayer for the same are rejected.
However, considering the facts and circumstances of the case, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report under Section 173(2) Cr.P.C. before the competent court in accordance with law, if already not submitted, expeditiously preferably within a period of six weeks from the date of production of a certified copy of this order in accordance with law.
The Superintendent of Police, District Raebareli/respondent no.2 shall ensure the compliance of present order within the aforesaid period.
With the aforesaid direction, the present petition stands disposed of.
[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.] Order Date :- 5.7.2022 Shubhankar