High Court
Case Details
Neutral Citation No. - 2024:AHC:133609-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7360 of 2024 Petitioner :- Mangeram Respondent :- State Of U.P. Through Senior Superintendent Of Police And 7 Others Counsel for Petitioner :- Ashutosh Singh,Vikrant Bhati Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Arun Kumar Singh Deshwal,J.
Legal Reasoning
1. Heard Sri Ashutosh Singh, learned counsel for the petitioner and Sri Satendra Tiwari, learned A.G.A. appearing for the State respondents. 2. Present petition has been filed for fair investigation in first information report dated 9.12.2023 registered as Case Crime No. 721 of 2023, under Sections 302, 307, 325, 120B, 506 IPC, Police Station Teelamod, District Ghaziabad. 3. On 22.7.2024 following order was passed:- "1. Sri Ashutosh Singh, learned counsel for the petitioner and Sri Satendra Tiwary, learned AGA for the State. 2. Present writ petition has been preferred in the nature of mandamus directing the respondent nos. 2 and 3 to investigate the matter in accordance with law in a fair and proper manner and to submit the police report under Section 173(2) Cr.P.C. in pursuance of FIR dated 09.12.2023 registered as Case Crime No.721 of 2023, under Sections 302, 307, 325, 120B & 506 IPC, Police Station- Teelamod, District- Ghaziabad and for a direction to submit progress report in the aforesaid case. 3. Vide order dated 08.05.2024 following order was passed. "1. The case of the petitioner is that his son was murdered on 29.04.2023. Consequent upon lodging the complaint by the petitioner with the P.S. Teelamod, District Ghaziabad and despite his numerous visits to the police station, the police did not register the FIR. The petitioner moved an application under Section 156(3) Cr.P.C., and, on the direction of the learned Magistrate, the F.I.R., Case Crime No.721 of 2023, under Section 302, 307, 323, 506 I.P.C read with Section 120-B IPC was registered against accused Begraj, Vipin, Sudhir, Amardeep, Harish and one unknown. It is further contended that the doctor who had conducted the postmortem of the deceased made the following remarks on the postmortem report. "Despite repeated attempts to call the Investigating Officer to furnish history and understand the scene of crime, the Investigating Officer refused to come to the mortuary. Such approach of the Investigating Officer is not acceptable and might have adverse effects in the process of imparting justice to the deceased. The Investigating Officer has to be also present to collect the exhibits that are preserved in the case." 2. Learned counsel has also drawn the attention of the Court to the order dated 27.02.2024, passed by learned Additional Civil Judge, Junior Division, District Ghaziabad, wherein learned Judge has also observed that the Investigating Officer (respondent no.4) did not come to the Court and not complying with the order of the Court. It is also mentioned that this amounts to contempt of Court, and I.O.'s conduct is punishable under Section 29 of the Police Act, and issued show cause notice to the Investigating Officer.
Decision
3. The respondent no.4 is directed to file his personal affidavit containing detailed para wise reply responding every allegation made in the writ petition along with a response to the findings observed by Dr. Anil Yadav, who had conducted postmortem of the deceased, and the findings of learned Additional Civil Judge, Junior Division, District Ghaziabad, on or before the next date of hearing, positively. 4. Immediately after receipt of the copy of this order, the Commissioner of Police Ghaziabad shall summon and peruse the records of the investigation of the instant case, record his findings on the file, and ensure the compliance of this order in letter and spirit. 5. Put up on 14.05.2024 as fresh. 6. A copy of this order be immediately transmitted to the Commissioner of Police, Ghaziabad for necessary compliance." 4. Counter affidavit and rejoinder affidavit were exchanged and thereafter on 31.05.2024 following order was passed. "1. Rejoinder affidavit filed on behalf of the petitioner is taken on record. 2. Put up this case again on 22.07.2024 as fresh, by that date the concerned I.O. shall bring on record the status of investigation by means of supplementary counter affidavit." 5. We have heard the matter today. We find that in compliance of the order dated 31.05.2024 no supplementary counter affidavit has been filed by the State. 6. From perusal of record including post mortem report, it appears that the Investigating Officer is not conducting investigation in a proper manner and as per learned counsel for the petitioner even not complied with the order of the court below and therefore proceedings were initiated by the court below. 7. Under such circumstances, we direct the Commissioner of Police, Commissionerate Ghaziabad to look into the matter personally and file his personal affidavit placing on record the compliance police report. 8. In case, the change of Investigating Officer is warranted in the present case, then the Commissioner of Police, Commissionerate Ghaziabad may change the Investigating Officer in view of the Circular of Director General of Police dated 10.05.2014. 9. Put up this case as fresh on 21.08.2024." 4. Pursuant to the aforesaid order learned A.G.A. has produced affidavit of compliance filed by the Commissioner of Police, Ghaziabad, which is taken on record. In paragraph 12 of the affidavit it has been stated that the Investigating Officer in the present case has been changed. It is also mentioned in the affidavit of compliance that after of the order of this Court a preliminary inquiry was conducted by the Deputy Commissioner of Police, Ghaziabad on 31.7.2024 and a show cause notice has also been issued against the then Station House Officer-Chandra Kant Pandey under Rule 14(2) read with Rule 4(1) Kha 4 of U.P. Subordinate Police Officers (Punishment and Appeal) Rules, 1991. 5. In such view of the matter, we find that no fruitful purpose would be served by keeping the petition pending, therefore, present petition stands disposed of. 6. It is made clear that in case of any grievance in future the petitioner is set at liberty to file application under Section 156(3) Cr.P.C. before the competent court annexing copy of the writ petition as well as affidavits filed before this Court. 7. It is expected that the departmental inquiry initiated against the then Station House Officer shall be concluded expeditiously at the end of the competent police authorities. 8. With the aforesaid observations, present petition stands disposed of. 9. Learned A.G.A. is directed to send a copy of the present order to the Commissioner of Police, Ghaziabad for bringing the action initiated against the then Station House Officer, as noted above, to its logical end. Order Date :- 21.8.2024 Lalit Shukla