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2017 DIGILAW 689 (ALL)

Sangeeta Singh v. State of U. P.

2017-03-03

KRISHNA PRATAP SINGH, RAMESH SINHA

body2017
JUDGMENT Heard Sri Rajendra Kumar Pandey, learned counsel for the petitioner, Sri Imran Ullah, learned Additional Advocate General and Sri A.K. Sand, learned A.G.A. for the State. This writ petition has been filed by petitioners with the following prayers: (i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to conduct independent and fair enquiry by the independent agency in pursuance of the F.I.R. lodged in Case Crime No.122 of 2017, under Section 147 , 148, 149, 341, 342, 353, 332, 336, 435, 436, 427, 395, 511, 307, 504, 506 IPC & 7 Criminal Law Amendment Act, 2/3 the Prevention of Damage to Public Property Act, 1984 Police Station Gahmar, District Ghazipur in which the connivance of concern officials and local administration and police personnel is doling atrocities at the behest of influential local politician/ former minister and candidates of ruling party for Vidhan Sahba-Zamaia (379) Ghazipur. (ii) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to restrain them to do atrocities against the family members and relatives of the applicants and villagers and local residents of village Gahmar District Ghazipur for taking appropriate measures for saving the life and liberty of the petitioners and local residents of village Gahmar, District Ghazipur. (iii) issue any other suitable writ, order or direction as this Hon'ble Court may deem fit a proper in the circumstances of the case. (iv) award the cost of the petition to the petitioners. It is submitted by the learned counsel for the petitioners that son of petitioner No.3 had died in an incident, which has taken place on 18.02.2017 and in protest, the local residents have collected near the place of accident for agitation and suddenly the mob has became excited and damaged some vehicles and used tire to burn them. F.I.R. has been lodged by respondent No.5 against 25 named and 500 unknown persons alleging them that mob has entered into the premises of the Police Station Gahmar and tried to set ablaze the police vehicles, damaged the furnitures, computer, printer, lights and fans and tried to torn the Government records. F.I.R. has been lodged by respondent No.5 against 25 named and 500 unknown persons alleging them that mob has entered into the premises of the Police Station Gahmar and tried to set ablaze the police vehicles, damaged the furnitures, computer, printer, lights and fans and tried to torn the Government records. It has further argued that petitioner No.1 is sister-in-law of a political Party candidate and petitioner No.2 is the wife of the Administrative Chief (Vehicle/awas/food) for the Election Administrative Committee are contesting the Assembly Election in District Ghazipur and husband of the petitioner Nos.1 and 2 are confined in jail in the present case. It has also submitted that the present case has been filed by the petitioners against the atrocities of the Police in the village, which is largest village of the Asia. He submitted that thousands of male members of the village Gahmar have left the said village as they apprehend to be falsely implicated in the garb of the present case. It has next submitted that the election in the district Ghazipur and its adjacent village is scheduled to be held on 08.03.2017 and if the said persons, who have left the village would not return to the village, they could not be able to cast their votes. He submits that innocent person may not be harassed in the grab of the present F.I.R. and restrict his prayer only to fair and impartial investigation in the present case. Sri Imran Ullah, learned Additional Advocate General has drawn the attention of the Court towards the news item which has been published in newspaper, which has been annexed as Annexure No.3 to this petition, in which it is stated that after the death of son of petitioner No.3 there was some unruly scene created in the police station and there was serious disturbance in the city. It has been further pointed out that police of the State is working and under the control and order of the Election Commission election is going on in the State. It has been further pointed out that police of the State is working and under the control and order of the Election Commission election is going on in the State. So far as the apprehension of the petitioners regarding their harassment on the ground of lodging of the F.I.R. against innocent person is concerned, is wholly misconceived and baseless as besides the persons, who are named in the F.I.R. and others who are unknown, their complicity is being ascertained from the C.C.T.V. footage installed in the area, but the learned Additional Advocate General assures the Court that no innocent person would be harassed by the Police in pursuance of F.I.R. lodged in the present case. We hope and trust that the I.G. Varanasi Range along with the Superintendent of Police, Ghazipur shall ensure that no innocent person in the grab of the present F.I.R. is harassed by the Police and the investigation shall be carried out in fair and impartial manner. It is made clear that this Court has not adjudicated upon the prayer Nos.(ii) and (iii) of the petitioners as the learned counsel for the petitioners has restricted his prayer only for fair and unbiased investigation in the present case. With the aforesaid observation/direction, the writ petition is accordingly, disposed of. Office is directed to provide copy of the order to the learned counsel for the parties on the payment of usual charges for compliance of the order within 24 hours.