Ram Dayal v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4800 of 2023 Petitioner :- Ram Dayal Respondent :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Upendra Kumar Verma,Ashish Mishra Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.

¶2The writ petition under Article 226 of the Constitution of India has been filed seeking following reliefs: "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to transfer the investigation of the Case Crime No. 0215 of 2023 Under Section 302 I.P.C. and Section 3 (2) (V) S.C./S.T. Act Police Station-Mishrikh District-Sitapur from Police Station-Mishrikh District-Sitapur to any other Police Station or an independency agency, in the interest of justice.

(ii) ....................

(iii) ..................."

¶3The petitioner is complainant. It is the duty of the concerned Magistrate to ensure free and fair investigation of the offence as provided in the judgment of the Supreme Court in the case of Sakiri Vasu vs. State of U.P. and Ors. reported in (2008) 2 SCC 409.

¶4In view thereof, the present writ petition is finally disposed of with liberty to the petitioner to approach the concerned Magistrate with proper application if he apprehends that the case is not being investigated in a free and fair manner. The learned Magistrate will issue necessary direction for carrying out free, fair and impartial investigation. Order Date :- 22.6.2023 Saurabh Yadav/- (Syed Qamar Hasan Rizvi,J) (Dinesh Kumar Singh,J) High Court of Judicature at Allahabad, Lucknow Bench