Samleshwar vs State Of U.P. And 9 Others
2023 Latest Caselaw 14199 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4324 of 2023
 

 
Petitioner :- Samleshwar
 
Respondent :- State Of U.P. And 9 Others
 
Counsel for Petitioner :- Rajesh Kumar Yadav
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

Heard Sri Sushil Dubey holding brief of Sri Rajesh Kumar Yadav, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A. for the State respondents.

Present petition has been filed seeking direction to respondents to ensure fair, impartial and proper investigation of the Case Crime No. 1677 of 2022, under Sections 452, 420, 406, 504, 506 IPC, P.S. Indrapuram, District Ghaziabad.

Submission of learned counsel for the petitioner is that the first information report was lodged on 24.12.2022 and after obtaining protection from this Court in the light of judgment of Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Satendra Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 the accused are not cooperating in the matter and therefore, the investigation is lingering, which is now to be completed expeditiously.

Per contra, learned A.G.A. submits that there are five CD reports in the present case and the accused persons are not cooperating in the inquiry.

We find that the order in favour of the accused persons was passed by this Court in Criminal Misc. Writ Petition No. 336 of 2023 (Vivekanand Shukla and others vs. State of U.P. and others) vide order dated 20.1.2023 and now we are in May, 2023.

As per instructions, learned A.G.A. submits that notices under Section 160 Cr.P.C. have already been issued against the accused persons for recording statement but they are not coming forward and as such it is clear that they are not cooperating in the investigation.

It cannot be said that the accused persons, if granted protection in the light of Arnesh Kumar (supra) and Satendra Kumar Antil (supra), they are not liable to cooperate in the investigation proceedings.

Learned counsel has prayed for issuance of suitable direction for fair and impartial investigation.

Learned A.G.A. submits that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law.

The present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within three months from the date of production of a certified copy of this order before them.

It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law.

Order Date :- 5.5.2023

Lalit Shukla