Smt. Surajmukhi vs State Of U.P. Thru Secy. And 5 ...
2015 Latest Caselaw 4574 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 22148 of 2015
 

 
Petitioner :- Smt. Surajmukhi
 
Respondent :- State Of U.P. Thru Secy. And 5 Others
 
Counsel for Petitioner :- K.K. Rao
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

The transfer of the investigation of Case Crime No. 259 of 2015, under Sections 420, 342, 384, 506, 120B I.P.C., Police Station Chandausi, District Sambhal, is prayed for on the ground that one of the named accused in the First Information Report is none other than the Inspector posted in the same district itself. 

Having heard counsel for the parties and examining the record of the petition, we find that the grievance of the petitioner in the matter of transfer of investigation in the facts noticed above requires consideration by the respondent no.1 (Secretary, Home)  at the first instance.

At this stage, learned Standing Counsel points out that investigation has now been handed over to Crime Branch and, therefore, the cause for maintaining the present petition does not survive any further.

Counsel for the petitioner then submitted that the petitioner has been wrongly named in the crime.

We in the facts of the case direct respondent no.1 (Secretary, Home) to ensure that the investigation of Case Crime No. 259 of 2015, under Sections 420, 342, 384, 506, 120B I.P.C., Police Station Chandausi, District Sambhal is done with due diligence and with all promptness, in accordance with law at the earliest possible.

The writ petition is disposed of. 

Order Date :- 24.11.2015

Ashish Pd.