Sunil Chaudhary vs State Of U.P. And 3 Ors
2015 Latest Caselaw 1402 ALL

Citation : 2015 Latest Caselaw 1402 ALL
Judgement Date : 22 July, 2015

Allahabad High Court

Sunil Chaudhary vs State Of U.P. And 3 Ors on 22 July, 2015

Bench: Bala Krishna Narayana, Vijay Lakshmi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17489 of 2015
 
Petitioner :- Sunil Chaudhary
 
Respondent :- State Of U.P. And 3 Ors
 
Counsel for Petitioner :- Brijesh Tiwari
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Mrs. Vijay Lakshmi,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

This petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to change the present investigating agency and hand over the case to competent agency like C.B.C.I.D. in case crime no. 119 of 2015 under sections 304B, 498A I.P.C. and 3/ 4 D.P. Act, P.S. G.R.P. Cantt., district Varanasi. A further prayer has been made to issue a writ, order or direction in the nature of mandamus commanding the respondents to arrest the named accused in the aforesaid case crime.

Learned counsel for the petitioner has stated that although the FIR of the incident was lodged at the concerned police station on 4.2.2015 after intervention by the I.G. Police against the named accused but till date neither any investigation has been made nor the accused have been arrested and sent to jail. It is apparent that the local police under some influence is shielding the accused named in the FIR.

The submissions made by learned counsel for the petitioner prima-facie appear to have some substance. The matter requires consideration.

Learned A.G.A has accepted notice on behalf of respondent nos. 1 to 4. He prays for and is allowed four weeks' time to file counter affidavit disclosing therein the present status of investigation and stating whether the named accused have been arrested or nor and whether the investigation is being properly supervised by the respondent no. 4 or not.

List on 26.8.2015 before the appropriate Court.

A copy of the order be supplied to learned AGA within 48 hours.

Order Date :- 22.7.2015/Pcl