Shanker Lal Maurya vs State Of U.P Thru. Prin. Secy. Home ...
2022 Latest Caselaw 8525 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5413 of 2022
 

 
Petitioner :- Shanker Lal Maurya
 
Respondent :- State Of U.P Thru. Prin. Secy. Home Deptt. Lko And Others
 
Counsel for Petitioner :- Shikha Srivastava,Richa Srivastava,Suneel Kumar Singh Kalhans
 
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.

Considering the order proposed to be passed, issuance of notice to private opposite parties is dispensed with.

The petitioner seeks issuance of a writ, order or direction in the nature of mandamus commanding the opposite parties to do fair investigation in Case Crime No.0214/2021, under Sections-302, 201 I.P.C., Police Station -Motiganj, District-Gonda.

The petitioner is informant of F.I.R. No.0214/2021 dated 04.09.2021 which he has lodged regarding murder of a newly born child allegedly by opposite party no.4. Other private opposite parties are her family member. The contention is that brother of petitioner-informant was falsely implicated in a case under Section 376 I.P.C. by opposite party no.4 wherein it was alleged that the child in her womb was that of petitioner's brother. When the petitioner's brother denied the same and asserted that D.N.A. sample of both be taken, the opposite party no.4 refused it, on account of which, petitioner's brother was incarcerated and remained in jail for nine months and ultimately, he was bailed out after the opposite party no.4 refused to get the D.N.A. sample collected. The contention is that in order to destroy evidence of innocence of petitioner's brother, she killed her newly born child. He says that his F.I.R. was lodged on 04.09.2021 but nothing has happened therein.

The petitioner should approach the Superintendent of Police, Gonda who shall get the facts verified and ensure prompt, fair, impartial and objective investigation in the matter. However, if the petitioner is still aggrieved, 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.

It is made clear that any observations made herein shall have no bearing whatsoever in the pending investigation as the Court has not entered into the merits of the matter.

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

Order Date :- 29.7.2022

Shanu/-