Allahabad High Court
Ghanshyam vs State Of U.P. Thru. Prin. Secy. Home ... on 3 October, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:63278-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7504 of 2023 Petitioner :- Ghanshyam Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow And Others Counsel for Petitioner :- Rakesh Kumar Nayak Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record.
This writ petition has been filed praying the following main reliefs:
"(i) issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party No. 2, the Superintendent of Police, Sultanpur to change the Investigating Officer of Case Crime No. 0980/2022 under Section 302 I.P.C. of Police Station Kotwali Nagar, District Sultanpur forthwith in the interest of justice.
(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties to arrest to the accused persons who have committed cognizable and heinous crime, in the interest of justice."
It has been submitted by the learned counsel for the petitioner that the petitioner's son was murdered during the course of treatment only for his kidney to be taken out and to be used for transplanting to a kidney patient. The postmortem report of the deceased-niece of the petitioner was conducted on 7.9.2022 and cause of death could not be ascertained and therefore, Viscera was preserved for conclusive evidence. Thereafter, the petitioner moved an application to the District Magistrate, Sultanpur for getting a re-postmortem done. The District Magistrate, Sultanpur issued necessary directions to the concerned and on 23.9.2022 re-postmortem was conducted of the deceased. Again cause of death could not be ascertained. Even after lapse of one year, the accused persons are roaming free. The petitioner being aggrieved moved an application before the Superintendent of Police, Sultanpur. He issued necessary directions to the Investigating Officer who thereafter started threatening the petitioner that he will file final report in the matter. The Investigating Officer is acting under the influence of the accused. The petitioner also moved an application for monitoring of the investigation before the Chief Judicial Magistrate, Sultanpur on 6.1.2023. The CJM, Sultanpur has issued necessary directions on several occasions to the Investigating Officer to submit status report. The Investigating Officer has not paid any heed, hence, this writ petition has been filed with the aforesaid prayers.
Learned AGA has produced before this Court a copy of the written instructions dated 26.9.2023 sent by Incharge Inspector, P.S. Kotwali Nagar, District Sultanpur wherein it has been stated that final report has been prepared which has been submitted to the supervisory authority concerned and shall soon file in court.
The said instructions are taken on record.
In view of the aforesaid, writ petition is disposed of with a direction to the petitioner to approach the court concerned, if he has any grievance left.
Order Date :- 3.10.2023 AKK