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2024 DIGILAW 605 (ALL)

Km Priyanka v. State of U. P.

2024-02-27

MOHD.AZHAR HUSAIN IDRISI, RAJIV GUPTA

body2024
JUDGMENT : 1. List has been revised. No one has appeared on behalf of the petitioner to press this application, however, with the help of learned AGA for the State, we have gone through the contents of the writ petition. 2. Heard learned AGA for the State and perused the record. 3. The instant writ petition has been filed by the petitioner for the following relief : "(i) issue writ, order or direction in the nature of mandamus commanding and directing the respondent Nos. 2 and 3 to conduct the fair and proper investigation in Case Crime No. 78 of 2020, under Sections 452, 354 and 506 IPC, Police Station Jariya, District Hamirpur lodged by the petitioner. (ii) issue writ order or direction, in the nature of mandamus directing the respondent no.3 to register the aforesaid case under Section 376 IPC as per the statement of the victim recorded under Section 164 Cr.P.C. dated 16.05.2020 and to proceed the investigation and further direct the respondent nos. 2 and 3 to arrest the accused persons in connection with Case Crime No. 78 of 2020, under Sections 452, 354 and 506 IPC, Police Station Jariya, District Hamirpur. (iii) issue any other order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) award the cost of the petition in favour of the petitioner." 4. Learned counsel for the petitioner submits that the petitioner is the first informant in the present case and though the FIR in the instant case has been registered on 06.05.2020, yet the police is not investigating the case in fair and impartial manner. 5. In view of the above, the petitioner may move an application before the Superintendent of Police, Hamirpur, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the Superintendent of Police, Hamirpur, the Superintendent of Police, Hamirpur/respondent no. 2 shall ensure the fair, impartial and expeditious investigation in the present case. 6. With the aforesaid order, the present petition stands disposed of.