Allahabad High Court
Digambar Dev Pandey vs State Of U.P. And 7 Others on 12 January, 2021
Bench: Ramesh Sinha, Subhash Chand
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15183 of 2020 Petitioner :- Digambar Dev Pandey Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Subhash Chand,J.
Heard Sri A.K. Srivastava, Advocate holding brief of Sri Arvind Kumar learned counsel for the petitioners, Sri Guarav Pratap Singh, learned Brief Holder for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner with a following prayer :-
"I. Issue, a writ, order or direction in the nature of Mandamus directing/commanding the respondent no.2/S.S.P. Allahabad to transfer the investigation of Case Crime No.0801 of 2019, under sections 147, 148, 419, 420, 467, 468, 302, 201, 323, 504, 506 IPC, P.S. Handia, District Allahabad, police station to some other independent investigation agency like S.I.S., C.B.C.I.D. or C.B.I."
It has been contended by learned for the petitioner that petitioner is the informant of the present case and he has come up before this Court with the aforesaid prayer as he apprehends that investigation is not being carried out in a fair and proper manner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not find any good ground to direct the respondent no.2 to transfer the investigation of the aforesaid case to some other independent investigation agency like S.I.S., C.B.C.I.D. or C.B.I. However, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of two months from the date of production of a copy of this order in accordance with law.
It is further directed that the S.S.P., Allahabad shall supervise the investigation and ensure that the same is completed speedily without any undue delay.
With the above directions this petition is finally disposed of.
The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 12.1.2021 Tamang