Syed Tarik Umar v. State of U.P. and 5 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 18471 of 2023 Petitioner :- Syed Tarik Umar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard Sri Niraj Srivastava, learned counsel for petitioner and learned A.G.A. for State. Perused the record. The present petition has been filed praying for the following main reliefs: "(i) Issue a writ, order or direction, in the nature of mandamus directing the respondent nos.2 and 3 to ensure the arrest of accused respondent nos. 4, 5 & 6 and conclusion of the investigation in pursuance to the F.I.R. dated

03.02.2023 registered in Case Crime no. 0026 of 2023, under Sections 420, 467, 468, 471, 323, 504, 506 & 120-B of I.P.C., Police Station Babupurwa, District Kanpur Nagar within stipulated time in fair & impartial manner, so that justice may be done.

(ii) Issue any other writ, order or direction, witch this Hon'ble Court may deem fit and proper in the circumstantial of the case.

(iii) Award the cost of the petition in favour of the petitioner." Learned counsel for the petitioner submits that way back on

03.02.2023, informant of this case Syed Tarik Umar has lodged FIR against three name accused persons namely Rakesh Kumar Awasthi, Manoj Kumar Awasthi and Chand Khan @ Chand Pistol. Police after investigation from the petitioner has submitted its closer report in the matter. When such closer report was challenged by the informant/ petitioner vide order dated 12.07.2023 the learned C.M.M., Court No. 9, Kanpur Nagar passed the following order:- "

थथनथबथबबपपरवथककपपललसदथरथपपषषतअअषतमररपपरर सअखयथ 18/2023 षदनथअषकत 12.03.2023

बथवतअपरथधसअखयथ26/2023,

उपरपकततथयपकप

आधथरपरपकरणममइसआशयसपअसववकथरककजथतवहह षक

पभथरवषनरवकक

थथनथबथबबपपरवथमथमलपममघरनथसपसमबअलधतसमसत

सवतअतसथषकययकथबयथन

अअषकतकरथतपहहएषनषपकएवअगपणवतथपबणरअषगमषववपचनथकरनथसपषनषशतकरम|

आदपशककएकपषतपपललसकषमशरकथनपपरनगरकपइसआशयसपपपषषतकक

जथएषकमथमलपममपबवरषववपचक

दथरथषनषपकएवअषवशसनवयषववपचनथनषकयप

जथनपपरसमपषचतषवभथगवयकथयरवथहवकरनथसपषनषशतकरम

पतथवलवअषगम

षववपचनथकपउपरथअतपपललसआकखयथ

पसतपतषकयपजथनपककककपथककजथयप |" Learned counsel for the appellant contended that I.O. of the case has not progressing the case. At this juncture, we are not inclined to exercise our power under Article 226 of the Constitution of India. It would amount to multiplicity of the forum. Let the C.M.M., Court No.9, Kanpur Nagar take the call in the matter and pass appropriate order against the concerned I.O. and his Senior Officers, if such an application is made by the petitioner. With the above observation, the writ petition is disposed of. Order Date :- 28.11.2023 Israr High Court of Judicature at Allahabad