Tejram v. State of U.P. and 5 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18525 of 2023 Petitioner :- Tejram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Mohan Pandey,Om Prakash Katiyar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Om Prakash Katiyar, learned counsel for the petitioner and Shri Ratan Singh, learned A.G.A. for the State respondents.

¶2This writ petition has been filed directing the respondents to conclude investigation for logical end and arrest the accused persons in pursuance of FIR dated 26.08.2022 registered as Case Crime No. 456 of 2022, under Sections 504, 506, 302, 120B IPC, P.S. Kotwali Gurusahayganj, District Kannauj.

¶3On 05.12.2023 following order was passed:- "In the facts of the case and particularly in view of the instructions furnished, which prima-facie indicates contradictory stand regarding the status of investigation on the part of the Investigating Officer, we call upon the third respondent to file his personal affidavit and apprise the Court about the status of investigation. Such report shall be submitted in the form of the affidavit by the next date fixed. List, as fresh, once again on 14.12.2023."

¶4Pursuant to aforesaid order learned AGA has filed personal affidavit of respondent no. 3 which indicates that due to mistake of the investigating officer, it has been mentioned in the report that investigation is going on whereas final report has already been forwarded and no investigation is pending.

¶5In view of such facts, the writ petition is dismissed as having become infructuous. Order Date :- 14.12.2023 Ujjawal High Court of Judicature at Allahabad