Ram Kumar vs State Of U.P. Thru. Secy. Home And ...
2022 Latest Caselaw 14166 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7333 of 2022
 

 
Petitioner :- Ram Kumar
 
Respondent :- State Of U.P. Thru. Secy. Home And Others
 
Counsel for Petitioner :- Vimlesh Kumar Kashyap
 
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 or direction in the nature of mandamus commanding the opposite parties to do fair investigation in Case Crime No.206 of 2022, under Sections-323, 504, 406, 452, 427, 316 I.P.C., Police Station -Thangaon, District-Sitapur.

The petitioner contends that investigation is not being carried out in a fair and prompt manner. He says that Section 316 I.P.C. has been added subsequently.

Let the petitioner approach the the Superintendent of Police, Sitapur who shall 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, he may approach the jurisdictional 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

Shanu/-