Allahabad High Court
Smt. Anta Devi vs State Of U.P. Thru. Prin. Secy. Home And ... on 11 August, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:53718-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6326 of 2023 Petitioner :- Smt. Anta Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Sandeep Kumar Shukla,Satyendra Yadav,Vibhuti Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed with the following main prayer:-
"Issue a writ order or direction in the nature of Mandamus commanding and directing the opposite party no.1 to 4 to investigate the matter in fair and proper manner and further also may be pleased to transfer the investigation of case First Information Crime No.0233 of 2023, dated 13.05.2023, registered under section 147/149/323/504/506/304/427 I.P.C. in the Police Station Itiyathok, District Gonda to other agency for proper Inquiry / Investigation of the case F.I.R. contained as Annexure No.1 to this petition."
It has been submitted by the learned counsel for the petitioner that the petitioner is the daughter-in-law of the deceased Parashuram, who was brutally murdered by the respondent no.7 along with his associates on 13.05.2023. The petitioner has given application to the Police Station on the same date about 10:30 a.m. but under the undue pressure, the F.I.R. was not registered as per the contents of the application given by her and F.I.R. No.0233 of 2023 was registered under Sections 147, 149, 323, 504, 506, 304 and 427 of the I.P.C., Police Station Itiyathok, District Gonda, against six persons whose names are different from the names that have been mentioned by the petitioner in her application. The petitioner being aggrieved moved an application to different authorities including the Chief Minister and the Director General of Police, copies of which has been filed as annexures to the petition.
One of the witnesses as also the son of the deceased Parashuram has also moved a representation to the District Magistrate and the Superintendent of Police indicating that the murder was done by respondent no.7 along with five other associates. No heed has been paid, hence this petition has been filed.
Learned A.G.A., on the basis of instructions, sent by the Police Station Itiyathok, District Gonda, says that all of the accused as mentioned in the F.I.R., except for one, have been arrested.
This Court having perused the instructions and also the contents of the application made by the petitioner to the Director General of Police, disposes of this petition with a direction to the petitioner to approach the Superintendent of Police by way of a fresh application/ representation within two weeks, annexing therewith all documentary evidence in support of her case. If such an application is made along with the copy of this order, the Superintendent of Police shall call for a report and then pass appropriate orders in accordance with law.
Order Date :- 11.8.2023 Rahul