Allahabad High Court
Preeti Tripathi vs State Of U.P. Thru Prin. Secretary Home & ... on 2 February, 2021
Bench: Ramesh Sinha, Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 2936 of 2021 Petitioner :- Preeti Tripathi Respondent :- State Of U.P. Thru Prin. Secretary Home & Ors. Counsel for Petitioner :- Girdhari Lal Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Rajeev Singh,J.
Heard Shri Girdhari Lal Yadav, learned counsel for the petitioner and Shri D.S. Rana, learned AGA for the State.
This writ petition has been filed by Preeti Tripathi with the following prayers:-
"(i) To issue a writ, order direction in the nature of Mandamus commanding the Opposite Party No.3 to conduct fair and impartial investigation of transfer the Investigation of FIR no. 0283/2020, U/s. 498-A, 354 (K), 504, 506, 420, 323 I.P.C. & 3/4 D.P. Act, Police Station Ashiyana, District Lucknow.
(ii) To issue a writ, order direction in the nature of Mandamus directing the investigation officer to conduct Sexual Impotency Test of the opposite party no.3.
(iii) To issue a writ, order direction in the nature of Mandamus commanding to the investigating agency to conclude the investigation of aforesaid FIR and submit under section 173 Cr.P.C. as expeditiously as possible.
(iv) To issue any other writ order or direction in the nature of Mandamus commanding the Opposite Parties to carried out to fair investigation and accused person were arrested forthwith in the interest of justice.
(v) To allow the writ petition with costs."
Learned counsel for the petitioner has confined his prayer to the extent of prayer no.3 only.
In view of the aforesaid, prayer nos. 1, 2 and 4, as made by the petitioner are hereby rejected and the Court proceeds to consider the prayer no.3, which is hereby allowed.
Therefore, 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 Cr.P.C., before the Magistrate concerned, in accordance with law, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order.
With the above directions, this petition is finally disposed of.
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(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 2.2.2021 Arnima