Citation : 2022 Latest Caselaw 9429 ALL
Judgement Date : 5 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 87 of 2021 Petitioner :- Udayveer Singh Respondent :- State Of U.P. And 17 Others Counsel for Petitioner :- Kartikeya Saran,Anand Bhaskar Srivastava Counsel for Respondent :- G.A.,Anuj Srivastava,Tanmay Sadh Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Rajendra Kumar-IV,J.
This writ petition has been filed with the prayer to direct the respondents to conduct fair investigation in the matter.
It is pointed out on behalf of the respondents that an affidavit has been filed by the concerned S.H.O. stating that the investigation has already been concluded in the matter with submission of a closure report. A protest petition apparently has been filed against the final report in the matter, which is said to be pending.
In the facts of the case, remedy of the petitioner would be to pursue the proceedings pending before the Magistrate concerned, keeping in view of the law laid down by the Supreme Court in the case of Sudhir Bhaskarrao Tambe vs Hemant Yashwant Dhage, reported in 2016(6) SCC 277 as also the judgment in Sakiri Vasu vs State of U.P. reported in 2008(2) SCC 409.
Leaving it open for the petitioner to pursue appropriate remedy, the writ petition is consigned to records.
Order Date :- 5.8.2022
Sazia
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