Allahabad High Court
Shyam Murari vs State Of U.P. And 8 Others on 11 January, 2021
Bench: Ramesh Sinha, Subhash Chand
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14682 of 2020 Petitioner :- Shyam Murari Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashok Malaviya Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Subhash Chand,J.
Heard Sri Ashok Malviya, learned counsel for the petitioner, Ms. Manju Thakur, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer that suitable direction may be issued to the respondent authorities to conduct fair and impartial investigation in relation to F.I.R. dated 5.9.2020 registered as case crime no. 243 of 2020 under section 302 I.P.C., police station Lalganj, District Mirzapur.
Learned counsel for the petitioner submits that the petitioner is the informant of the case. He submits that the F.I.R. of the present case was lodged by the petitioner against accused-respondent nos. 5 to 9. He submits that as per the post mortem report, the deceased, who was the son of the petitioner, has received ante mortem injuries on his person but the cause of death could not be ascertained and viscera was preserved and the repost of viscera is still awaited. He submits that though the writ petitions, i.e., Crl. Misc. Writ Petition Nos. 12318 of 2020 and 16592 of 2020 filed by the accused persons named in the F.I.R. challenging the F.I.R. of the present case were dismissed by this Court but till date the said accused persons have not been arrested nor investigation has been concluded. He submits that because of interference of respondent no 4, who is local M.L.A., the police is not conducting the investigation in fair manner, hence he has come up before this Court by filing the present petition.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, as the Viscera report is still awaited, we direct the Director, Forensic Science Laboratory, Ramnagar, Varanasi to ensure that the Viscera report be made available to the Investigating Officer of the present case within a period of six weeks from today and as soon as the viscera report is received, the Investigating Officer, shall conclude the investigation of the present case and submit a police report before the Magistrate concerned in accordance with law expeditiously preferably within a period of two weeks from the date of receipt of Viscera report along with a copy of this order.
The S.P. Mirzapur shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
The learned A.G.A. shall inform about this order to the Director, Forensic Science Laboratory, Ramnagar, Varanasi forthwith.
The party shall file computer 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, before the concerned Court/Authority/Official.
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 :- 11.1.2021 Shiraz