Allahabad High Court
Anisha Singh vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 December, 2022
Bench: Rajesh Singh Chauhan, Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 8676 of 2022 Petitioner :- Anisha Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Up Civil Sectt. Lko. And Others Counsel for Petitioner :- Ram Charitra Pandey Counsel for Respondent :- G.A.,Vikas Vikram Singh Hon'ble Rajesh Singh Chauhan,J.
Hon'ble Mohd. Aslam,J.
Heard Sri Ram Charitra Pandey, learned counsel for the petitioner, learned A.G.A. and Sri Vikas Vikram Singh, learned counsel for opposite party No.5.
By means of this writ petition, petitioner has prayed for following reliefs:-
"i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 10.11.2022 passed by the opposite party No. 3 by which the further investigation order has been passed after submission of charge-sheet No.01/2022 dated 17.10.2022 in FIR No.89/2021 under Section 498-A, 323, 313, 406 and 506 I.P.C. and 3/4 D.P. Act, Mahila Thana, Lucknow.
ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to proceed further on the basis of the impugned order dated 10.11.2022 and also to direct the opposite party No.3 to forward the chargesheet No.01/2022 dated 17.10.2022 alongwith relevant case dairies to the competent court."
Learned counsel for the petitioner has stated that on the application of the accused person, the supervisory authority i.e. Assistant Commissioner of Police, Hazratganj, Lucknow has passed the impugned order wherein it has been indicated that the mater requires further investigation as the statements of the family members of the accused person have not been recorded. In the impugned order, the supervisory authority has directed the Investigating Officer to make investigation thoroughly and collect all relevant evidences/credible evidences with expedition.
Learned counsel for the petitioner has drawn attention of this Court toward Section 158 (2) Cr.P.C. to submit that as per sub section "Such superior officer may give instructions to the officer-in-charge of the police-station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate."
Per contra, learned A.G.A. as well as learned counsel for opposite party No.5 has stated that as a matter of fact, the supervisory authority is strictly making compliance of the aforesaid provisions of law. Sri S. N. Tilhari, learned A.G.A. has drawn attention of this Court towards Section 36 of the Cr.P.C., which provides that "Police Officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station." He has further submitted that since after completion of investigation, the police report is produced before the supervisory authority, and if, the supervisory authority after perusing such police report finds that the investigation is incomplete or is not proper, he may very well direct to Investigating Officer for further investigation.
Sri Tilhari as well as Sri Vikas Vikram Singh learned counsels have defended the impugned order dated 10.11.2022 (Annexure-1) submitting that the supervisory authority i.e. Assistant Commissioner of Police, Hazratganj, Lucknow after perusing the police report was of the view that since the proper investigation was not conducted as the statements of the family members of the accused person have not been recorded and credible evidence has not been collected, therefore, such exercise be carried out with expedition without making any delay and the outcome of such investigation be apprised to him forthwith. Both the aforesaid counsels have stated that there is no infirmity and illegality in the impugned order.
Having heard learned counsel for the parties and having perused the material available on record, we are also of the considered opinion that if in any case any FIR is lodged, investigation is undertaken then it is incumbent upon the Investigating Officer to conduct and conclude the investigation strictly in accordance with law by recording the statements of all concerned persons and by collecting the credible evidence and on the basis of such exercise the police report under Section 173(2) Cr.P.C. should be filed.
Being a supervisory authority the Assistant Commissioner of Police, Hazratganj, Lucknow is duty bound to verify the fact as to whether the Investigating Officer has conducted and concluded investigation strictly in accordance with law and if, he/she finds that such investigation has not been conducted properly, he must have issued a proper order. This Court may not expect that incomplete and faulty charge-sheet be filed in any case.
In view of the aforesaid observation of this Court, we do not find any infirmity or illegality in the impugned order dated 10.11.2022. However, at the same time, we legitimately expect that in compliance of the aforesaid order of Assistant Commissioner of Police, Hazratganj, the Investigating Officer shall conduct further investigation strictly in accordance with law by recording the statement of all concerned person and by collecting the credible evidences, if any.
After the aforesaid exercise being carried out, such police report under Section 173(2) Cr.P.C. may be forwarded to the supervisory authority i.e. Assistant Commissioner of Police, Hazratganj, Lucknow, in the present case and thereafter, appropriate decision may be taken by the competent authority/authorities.
In view of the above, we do not find any merit in the present case. Accordingly, this writ petition is dismissed.
However, the direction so issued herein above shall be complied with strictly in accordance with law.
No order as to cost.
Order Date :- 1.12.2022 Reena/-
[Mohd. Aslam, J.] [Rajesh Singh Chauhan, J.]