Vivek Tyagi vs State Of U.P. And 6 Others
2018 Latest Caselaw 1065 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14092 of 2018
 

 
Petitioner :- Vivek Tyagi
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Dinesh Kumar Singh,Gaurav Dwivedi,Saurabh Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Gaurav Dwivedi, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

The relief sought in this petition is for a direction to the S.S.P. Gautam Budh Nagar to ensure that the investigation in pursuance of the FIR dated 28.2.2017, registered as case crime No.242 of 2017, under Section 409 I.P.C., Police Station NOIDA Sector-20, District Gautam Budh Nagar be done in a fair and impartial and in a time bound period.

Learned counsel for the petitioner submits that the petitioner is the Senior Manager (Legal) of the informant Company and he had earlier approached to this Court with a similar prayer by means of filing Crl. Misc. Writ Petition No.9607 of 2017 which was disposed of by Coordinate Bench of this Court vide order dated 30.5.2017 directing for fair investigation, coy of which is annexed as Annexure-4 (at page-49) to the writ petition, but in-spite of the said order dated 30.5.2017, the investigation has not been concluded till date, hence, the petitioner has again approached this Court.

Learned AGA has raised objection regarding maintainability of the petition and submitted that has submitted that the petitioner has earlier approached this Courtfor fair investigation and the present writ petition for the same cause of action is not maintainable and the petitioner has an appropriate remedy available under law if the order dated 30.5.2017 passed by this Court is not complied with.

Accordingly, the present petition is dismissed on this ground alone. The petitioner is at a liberty to avail appropriate remedy available under law.

(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)

Order Date :- 29.5.2018/NS