Achalendra v. State of U.P. and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 17158 of 2023 Petitioner :- Achalendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Tomar,Rajiv Sisodia Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The instant petition under Article 226 of the Constitution of India, has been filed on behalf of informant/petitioner for the following main relief: "Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 3 to conclude the fair investigation in Case Crime No. 171 of 2023, under Section 366 IPC, Police Station Heempur Deepa, District Bijnor." Submission of learned counsel for the petitioner is that FIR was lodged against Saurabh, respondent no. 4 for the alleged act of enticing the informant's married daughter. The said daughter is having one baby boy of one and half year and still the accused-opposite party no. 4 has taken away the girl forcibly. Under the circumstances, S.P. Bijnor is directed to enquire into the matter and give a specific direction to the IO of the case to hold a fair investigation in the matter and make all efforts to recover the girl within time bound period, failing which the S.P. Bijnor would be personally responsible for the alleged laches if the girl is not recovered within time bound period. With the above direction, the writ petition stands disposed of. Order Date :- 2.11.2023 M. Tarik High Court of Judicature at Allahabad