Allahabad High Court
Badri Prasad Tiwari vs State Of Up Thru. Prin Secy Home And ... on 12 October, 2017
Bench: Arvind Kumar Tripathi, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 23018 of 2017
Petitioner :- Badri Prasad Tiwari
Respondent :- State Of Up Thru. Prin Secy Home And Ors.
Counsel for Petitioner :- Hari Om Pandey,Ubhai Kumar Singh
Counsel for Respondent :- Govt. Advocate
Hon'ble Arvind Kumar Tripathi,J.
Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the record.
The present writ petition has been filed with the prayer to issue a writ, order or direction in the nature of mandamus, directing the opposite parties to ensure and conduct a speed, fair and proper investigation in Case Crime No. 274/2015, under Sections 363, 302, 201 IPC, registered at Police Station Dhanepur, District Gonda by independent agency other than the local police and further prayer to direct the opposite parties to provide proper protection so the life and liberty of the petitioner may be secured.
Learned counsel for the petitioner submitted that the 14 years minor daughter of the petitioner was killed and hanged on the tree. The named FIR was lodged, however, under the influence and connivance of the accused persons, final report was submitted and thereafter on protest petition, a direction was issued for further investigation. Thereafter one accused surrendered and others were arrested. The charge sheet was submitted against some of the accused respondents under Section 306 IPC, however additional charge was framed under Section 302 IPC. Further investigation was pending in respect of other accused respondents, however, no appropriate action has been taken against them. The petitioner has no faith for proper and fair investigation from the Civil Police or Police Station, District Gonda.
Learned A.G.A. opposed the aforesaid prayer and submitted that there is fair and proper investigation and action has also been taken against the accused persons and if credible and reliable material is available against the other respondents, then action will be taken in accordance with law and as such, it is not a fit case for directing the opposite parties to ensure and conduct a speed, fair and proper investigation.
Considered the submissions of the learned counsel for the parties. In view of the fact and in the interest of justice, the further investigation is transferred to the CBCID of Case Crime No. 274/2015, under Sections 363, 302, 201 IPC, registered at Police Station Dhanepur, District Gonda.
The District Superintendent of Police, Gonda will ensure that relevant papers are handed over to the CBCID for further investigation at the earliest. The CBCID concerned will ensure to conduct free, fair and proper investigation and will also ensure that any innocent person is not harassed but action is taken against remaining accused persons, in respect of whom, the further investigation is pending. The Superintendent of CBCID, concerned, is also expected to look into the matter and take suitable steps for proper investigation and to get the investigation concluded, expeditiously.
With these observation, the present criminal writ petition is finally disposed off.
Order Date :- 12.10.2017
Monika
