Allahabad High Court
Smt. Basmati vs State Of U.P. And 5 Others on 21 October, 2022
Bench: Mahesh Chandra Tripathi, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14658 of 2022 Petitioner :- Smt. Basmati Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amit Kumar Singh,Hrikesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
In pith and substance, the petitioner is seeking direction to the respondent authorities to investigate the matter in fair and proper manner in pursuance of F.I.R. registered as Case Crime No. 0184 of 2022, under Sections 323, 504, 506, 376 IPC and 3(2)(V) SC/ST Act, P.S. Madihan, District Mirzapur.
According to the petitioner, on 15.9.2022, she lodged the impugned F.I.R. against private respondents but till date nothing has been done by the police authorities. An apprehension has been shown by the petitioner that either the police is protecting the accused or is not interested to take any action against them. As such, learned counsel for the petitioner prayed for issuance of suitable direction for fair and impartial investigation.
Learned A.G.A. submits that that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.
The writ petition is disposed of directing the second respondent to ensure the investigation of the aforesaid case fairly, impartially and expeditiously from the date of production of a certified copy of this order before him.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.
Order Date :- 21.10.2022 A.K.Srivastava