Uttarakhand High Court
WPCRL/756/2022 on 15 September, 2022
Author: Sanjaya Kumar Mishra
Bench: Sanjaya Kumar Mishra
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WPCRL No. 756 of 2022
Shri Sanjaya Kumar Mishra, J.
Shri Bhuwan Bhatt, learned counsel for the petitioner.
Shri Sachin Panwar, learned Brief Holder for the State of Uttarakhand.
By filing this writ petition, the petitioner has prayed for the following relief:
"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondent no. 1 to transfer the investigation of FIR / Case Crime No. 324 of 2016 dated 07.08.2016 under Section 420, 506, 467, 468, 471 IPC, Police Station - Kotwali Jwalapur, District Haridwar to respondent no. 12 forthwith.
ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondent no. 12 to start the investigation regarding FIR / Case Crime No. 324 of 2016 dated 07.08.2016 under Section 420, 506, 467, 468, 471 IPC, Police Station - Kotwali Jwalapur, District Haridwar and conclude the investigation within any stipulated time bound period."
It is brought to the notice of this Court that initially, an FIR was lodged, which was investigated into and a final report was submitted in it by the Investigating Officer. Thereafter, the petitioner preferred a complaint under Section 156 (3) of the Code of Criminal Procedure, 1973 before the learned Magistrate. The learned Magistrate, 1st Class, directed the Investigating Officer to register a complaint as FIR and take up the investigation. For the second time, the Investigating Officer, after completion of investigation, submitted a final report in the matter. Against the final report, the petitioner filed a protest petition and the learned Magistrate on 28.01.2020 ordered for further investigation and the investigation is still pending.
Since on two occasions, the Investigating Officers have submitted the final reports and the petitioner alleges laxity on their part together with the fact that initial FIR was lodged in the year 2016, the writ petition is allowed. The investigation of FIR / Case Crime No. 324 of 2016 dated 07.08.2016 under Section 420, 506, 467, 468, 471 IPC, Police Station - Kotwali Jwalapur, District Haridwar is transferred to respondent no. 12. SHO, Police Station - Kotwali, Jwalapur, District Haridwar is directed to hand over the investigation along with relevant documents, case diary and statement of witnesses to the responsible Officer of respondent no. 12.
Stay application no. 1 of 2022 also stands disposed of.
(Sanjaya Kumar Mishra, J.) 15.09.2022 SKS