High Court
Case Details
Neutral Citation No. - 2024:AHC:195527-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 22285 of 2024
Legal Reasoning
Petitioner :- Suresh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Prakash Dwivedi, learned counsel for the petitioner, Mr. G.P. Singh, learned A.G.A.-I for the State-respondents and perused the record. 2. By means of the instant petition, petitioner has prayed for following principal reliefs:- "(i) Issue a writ order or direction in the nature of mandamus commanding the respondent No.3 (E.O.W., Varansi) to make proper investigation of Case Crime No.0058 of 2020, under Sections 419, 420, 467, 468, 471 of I.P.C. and 66C of Information Technology (Amendment) Act 2008, P.S. - Kotwali Katra, District- Mirzapur as Annexure No.2 to this writ petition. (ii) Issue a writ, order direction in the nature as this Hon'ble court may deem fit and proper under the facts and circumstances of the case." 3. Learned counsel for the petitioner submits that on the earlier occasion, the Division Bench of this Court while entertaining the relief as has been prayed for by the petitioner herein has proceeded to pass the order on 18.8.2023 in Criminal Misc. Writ Petition No. - 12932 of 2023 (Suresh Kumar and State of U.P. and 5 Others) with following effects:- "Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents. The present petition has been filed seeking direction to the respondent authorities to conclude the fair investigation of Case Crime No. 0058 of 2020, under Sections 419, 420, 467, 468, 471 I.P.C. and section 66C of Information Technology (Amendment) Act, 2008, P.S.- Kotwali Katra, District- Mirzapur. The contention of learned counsel for the petitioner is that the police is acting in collusion with the accused persons and as yet neither the accused persons have been arrested nor any charge sheet has been filed against the accused persons. Admittedly, petitioner is aggrieved by the manner of investigation said to have been conducted against private respondents.