Irfan vs State Of U.P. Thru. Secy. Home, ...
2022 Latest Caselaw 6389 ALL

Citation : 2022 Latest Caselaw 6389 ALL
Judgement Date : 8 July, 2022

Allahabad High Court

Irfan vs State Of U.P. Thru. Secy. Home, ... on 8 July, 2022

Bench: Rajan Roy, Shekhar Kumar Yadav




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4596 of 2022
 

 
Petitioner :- Irfan
 
Respondent :- State Of U.P. Thru. Secy. Home, Lko. And Others
 
Counsel for Petitioner :- Akhtar Husain
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Shekhar Kumar Yadav,J.

Heard Shri Akhtar Husain, learned counsel for the petitioner and learned A.G.A. for the State.

The petitioner herein seeks a writ, order or direction in the nature of mandamus commanding the opposite parties to conduct proper, fair and unbiased investigation in pursuance to the FIR bearing Case Crime No. 0108 of 2022, under Section 147, 506, 302 IPC, Police Station- Kheri, District- Lakhimpur Kheeri.

The contention is that son of the petitioner was murdered. Even after lodging of the FIR police has not conducted proper investigation and no arrests have been made. The petitioner had earlier approached the Magistrate seeking monitoring of the investigation, but, the petitioner's counsel did not appear before the Court below, accordingly, the application was dismissed. A revision was filed which was also dismissed. Now, this writ petition has been filed.

Considering the facts of the case, the Superintendent of Police, Kheeri is directed to look into the matter and monitor the investigation himself.

If within the next two months no tangible steps are taken during investigation inspite of monitoring of the Superintendent of Police, Kheeri, then, the petitioner shall be at liberty to approach the Magistrate concerned again in light of the judgment of the Supreme Court rendered in the case of Sakiri Vasu Vs. State of U.P. reported in (2008) 2 SCC 409 whereupon the Magistrate shall do the needful in light of the aforesaid decision.

With the aforesaid observations/directions, the writ petition is disposed of.

Shri Tilhari, learned A.G.A. shall communicate this order to the Superintendent of Police, Kheeri for strict compliance.

(Shekhar Kumar Yadav,J.) (Rajan Roy,J.)

Order Date :- 8.7.2022

R.K.P.