Sanwale Prasad vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 8449 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5341 of 2022
 

 
Petitioner :- Sanwale Prasad
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lucknow And Others
 
Counsel for Petitioner :- Ajeet Kumar Singh,Reetu Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The petitioner seeks issuance of a writ, order of direction in the nature of mandamus commanding the police authority i.e. opposite party no. 4 to conclude the investigation in Case Crime No. 0347 of 2021, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station - Kamlapur, District- Sitapur.

The allegation in the writ petition is that the Investigating Officer is not conducting investigation fairly.

Looking into the facts of the case, the Superintendent of Police, Sitapur is directed to look into the matter, verify the facts and ensure prompt, fair, impartial and objective investigation in the matter. However, if the petitioner is still aggrieved that is inspite of the aforesaid, he may approach the Judicial Magistrate concerned in this regard in view of the judgment of Hon'ble the Supreme Court rendered in the case Sakiri Vasu Vs. State of U.P. and Ors. reported in (2008) 2 SCC 409.

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

.

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

Order Date :- 28.7.2022

R.K.P.