Shyamu vs State Of U.P. Thru. Principal ...
2022 Latest Caselaw 15122 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7903 of 2022
 

 
Petitioner :- Shyamu
 
Respondent :- State Of U.P. Thru. Principal Secy. Home And Others
 
Counsel for Petitioner :- Sudhakar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Sanjay Kumar Pachori,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 opposite parties no. 2 and 3 to do fair investigation in Case Crime No. 0523 of 2022, under Section 323, 325, 504, 506 IPC registered at Police Station - Gomti Nagar, District - Lucknow.

The allegation in the writ petition is that the Investigating Officer is not conducting investigation fairly. Informant's statement has also not been recorded as yet.

Looking into the facts of the case, the Commissioner of Police, Lucknow is directed to look into the matter, verify the facts and ensure prompt, fair, impartial and objective investigation in the matter. He or some Officer immediately sub-ordinate to him, as authorized by him, may monitor the investigation so as to ensure the aforesaid. 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.

Order Date :- 21.10.2022

Lokesh Kumar

(Sanjay Kumar Pachori, J.) (Rajan Roy, J.)