Chandra Bhushan Yadav vs State Of U.P. Through Principal ...
2011 Latest Caselaw 5383 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- MISC. BENCH No. - 5491 of 2011
 

 
Petitioner :- Chandra Bhushan Yadav
 
Respondent :- State Of U.P. Through Principal Secy. Home Lucknow And Ors.
 
Petitioner Counsel :- R.A.Khan
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajiv Sharma,J.

Hon'ble S.C. Chaurasia,J.

Short counter affidavit filed by the learned A.G.A., is taken on record.

Heard learned counsel for the petitioner and learned A.G.A. as well as perused the record.

The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner with the prayer that the opposite party No.2- D.I.G./S.S.P., Lucknow  may be directed to transfer the investigation of Case Crime No. 137 of 2011, under Section 307 I.P.C., Police Station Talkatora, District Lucknow to any other police agency for fair and partial investigation.

Learned A.G.A., as averred in paragraph No. 5 of the short counter affidavit, states that the investigation of the aforesaid case crime number has already been concluded and after investigation, final report No. 51 of 2011, dated 6.5.2011 has also been submitted before the court concerned. Therefore, the writ petition has been rendered infructuous.

In view of above, the writ petition is dismissed as infructuous. Interim order, if any, stands vacated.

However, it will be open for the petitioner to approach the appropriate forum as provided under law.

Order Date :- 21.10.2011

Sanjay