Satruhan Prasad @ Balai & Anr. vs State Of U.P. Thru. Prin.Secy., ...
2015 Latest Caselaw 4651 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 8618 of 2015
 

 
Petitioner :- Satruhan Prasad @ Balai & Anr.
 
Respondent :- State Of U.P. Thru. Prin.Secy., Home & 3 Others
 
Counsel for Petitioner :- Dinesh Kumar Shukla
 
Counsel for Respondent :- Govt. Advocate,Ashutosh Misra
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Mahendra Dayal,J.

1. An attempt has been made to explain the query raised by this Court vide order dated 17th September, 2015.  It has been projected before this Court that filing of final report was stayed/ stopped by Circle Officer, Colonelganj, District Gonda vide order dated 8th May, 2013.  Thereafter investigation has been undertaken and concluded. 

2. The Court is not satisfied with conduct of the police of District Gonda.

3. Superintendent of Police, Godna, is directed to conduct an enquiry as to under what circumstances a final report  dated 7th April, 2013 has been reopened and investigation has been initiated after 17.12.2014.  The infirmity in earlier investigation under which Final Report was prepared, be explained.  The new evidence that has been unearthed after a delay of 1 year and 6 months be brought on record. 

4. The delay in investigation from 17.12.2014 to 4.10.2015 be also explained.

5. List on 5th January, 2016. Further proceedings shall remain stayed till the next date of listing, considering the nature of offence and because of delay caused  by the investigating agency.

6. Circle Officer Incharge, Police Station Katra Bazar, District Gonda  shall remain present in person with the affidavit of Superintendent of Police and an explanation for delay.

Order Date :- 26.11.2015

Muk