Umesh Chandra Verma vs State Of U.P. Through Home Secy. ...
2013 Latest Caselaw 3274 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 

 
Case :- MISC. BENCH No. - 4663 of 2013
 

 
Petitioner :- Umesh Chandra Verma
 
Respondent :- State Of U.P. Through Home Secy. Lko. & Ors.
 
Counsel for Petitioner :- U.C.Verma (In Person)
 
Counsel for Respondent :- Govt. Advocate,A.K.Chaturvedi
 

 
Hon'ble Ashwani Kumar Singh,J.

Hon'ble Zaki Ullah Khan,J.

This petition has been filed by Sri Umesh Chandra Verma, in person.

The FIR in the present case relating to Case Crime No. 37 of 2013 under Sections 406, 420, 467, 468, 471 and 506 I.P.C. read with Section 138 Negotiable Instruments Act, 1881 was lodged by the petitioner at police station Wazirganj, district Lucknow on 18.01.2013 at 22:00 hours.

We have heard the contentions of Sri Umesh Chandra Verma.

The grievance of the petitioner is that the present case is not being investigated by opposite party no. 5-investigating officer, fairly and in its true perspective and the accused persons are threatening  the petitioner with dire consequences if he does not withdraw the prosecution or to enter into compromise on their dictation. The petitioner also has threat perception at the hands of accused persons, to his life and life of his family members. It is also submitted that the accused-Uttam Agrawal is in habit of making unnecessary/threatening calls to the petitioner even at odd hours. It is vehemently submitted by Shri Umesh Chandra Verma that accused Uttam Agrawal is a highly resourceful person, as such, he is in habit of influencing the investigating officer.

Looking to the facts and circumstances of the case and also that the petitioner is a law abiding person and holding the post of Additional Government Advocate in this Bench, we hereby, direct Senior Superintendent of Police, Lucknow, to handover investigation of the aforesaid case to some responsible officer, not below the rank of Deputy Superintendent of Police, to investigate the case, in accordance with law. It is further directed that the investigating officer shall collect the call details of accused persons made to complainant on his mobile number, on different dates and time and the same shall be placed before this Court on the next date of listing.

The Senior Superintendent of Police, Lucknow is also directed to ensure safety of complainant and his family members.

List this case on 09.07.2013.

On the said date, investigating officer shall appear and apprise this Court regarding the investigation carried out by him.

Registrar of this Court shall send a copy of this order to the Senior Superintendent of Police, Lucknow forthwith.

Let a copy of this order be provided to the Learned Government Advocate, who shall also ensure compliance of this order.

Order Date :- 7.6.2013

Chauhan/-