Allahabad High Court
Kamlesh vs Ganesh Prasad Saha, ... on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3785 of 2019
Applicant :- Kamlesh
Opposite Party :- Ganesh Prasad Saha, Superintendent Of Police
Counsel for Applicant :- Mahadeo Singh Chandel
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri K.R. Singh, learned Addl. Chief Standing Counsel.
The applicant is before this Court against the wilful defiance of the order dated 31.05.2018 passed in Criminal Misc. Writ Petition No.14475 of 2018 (Kamlesh v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard Sri M.S. Chandel, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with the prayer commanding and directing the respondent concerned to make fair investigation and arrest the accused persons in FIR dated 23.12.2017 in case crime no.151 of 2017, u/s 370, 328, 302 IPC, P.S. Marka, district Banda.
Learned counsel for the petitioner submits that the petitioner is the informant of the case who has lodged the F.I.R. against the accused persons but the investigation of the case has not been concluded till date.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, we direct the Investigating Officer of the present case to conclude the investigation and submit a police report before the court concerned expeditiously preferably within the period of three months from the date of production of a certified copy of this order.
The S.P., Banda is directed to ensure the compliance of this order.
With the aforesaid directions, the present petition stands disposed of."
In response to the order dated 1.7.2019, Shri K.R. Singh, learned Addl. Chief Standing Counsel has produced the instructions and on the basis of the same he has apprised to the Court that the occurrence of the incident in question relate to P.S. Mehna, Distt. Monga Punjab and as such the investigation had been transferred to Distti. Monga, Punjab. However, it appears that the same was returned by Senior Superintendent of Police, Moga, Punjab to Superintendent of Police, Banda, U.P. vide letter dated 25.7.2019, which has also been brought on record.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the opposite party is directed that the investigation must be finalised in response to the writ Court order in question within two months from the date of production of certified copy of this order.
The contempt application stands disposed of accordingly. Notices, if any, stand discharged.
Order Date :- 1.8.2019
SP/
