Markandey Mishra vs The State Of U.P. ...
2022 Latest Caselaw 14165 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7401 of 2022
 

 
Petitioner :- Markandey Mishra
 
Respondent :- The State Of U.P. Thru.Prin.Secy.Home And Others
 
Counsel for Petitioner :- Hari Om Pandey,Ashutosh Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Sanjay Kumar Pachori,J.

The petitioner seeks issuance of a writ, order of direction in the nature of mandamus commanding the opposite parties to ensure and conduct a speedy, fair and proper investigation in Case Crime No. 0339 of 2022, under Section 218, 504, 506 IPC, Police Station - Bhinga, District- Shrawasti.

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 Superintendent of Police, Shrawasti 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.

.

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

Order Date :- 30.9.2022

R.K.P.