Allahabad High Court
Padam Kumar @ Padam vs State Of U.P. And 11 Others on 1 October, 2020
Bench: Naheed Ara Moonis, Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9914 of 2020 Petitioner :- Padam Kumar @ Padam Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ravindra Pal Singh Kashyap,Ajay Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Naheed Ara Moonis,J.
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this Court seeking direction to the respondent no. 2 to ensure fair and impartial investigation pursuant to the first information report dated 01.06.2020 registered as Case Crime No. 70 of 2020, under Sections 147, 148, 149, 302, 120-B, 506 I.P.C., Police Station Ramala, District Baghpat.
It is submitted by learned counsel for the petitioner that a first information report was lodged against the named accused- respondent nos. 4 to 12, who had assaulted the complainant's family with lethal weapon and committed murder of his son Shekhar. After lodging of the first information report on 10.06.2020 against the accused-respondents, to exert pressure upon the complainant, with frivolous and vague allegations the respondents had also lodged first information report against the petitioner and other persons and are also extending threat to the life of the petitioner. As the investigation is going on in snail's pace, hence the petitioner has approached this Court to get the fair investigation of the case expeditiously within stipulated period.
The learned A.G.A. contended that the fair and impartial investigation is the quintessence of criminal justice. The respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigation in the guise of any pretence, it is provided that the Superintendent of Police, Baghpat, respondent no.2, shall take effective steps to supervise over the matter issuing mandate to the investigating officer to proceed with the investigation in a very fair, unbiased and impartial manner who will conclude it as expeditiously as possible avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.
With the above direction, this petition is finally disposed of.
Order Date :- 1.10.2020 SKT/-