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SHYAM BABU versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Shyam Babu v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11556 of 2007 [2007] RD-AH 14428 (23 August 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C. Deepak, J.

Hon'ble B.A.Zaidi, J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

The petitioner Shyam Babu is the informant in case crime no. 578 of 2007 under Section 420, 467, 471, 463, 464 PS Vrindaban Distt. Mathura, a copy of which is appended as Annexure 7 to the petition.

The contention of the learned counsel for the petitioner is that there is no fair and proper investigation into the case as the present investigating officer is in collusion with the accused and he is not recording the statements of the petitioner and his witnesses as the accused person is influential  and moneyed people. Through this writ petition, the petitioner has sought a relief that fair and proper investigation into the case be ensured.

We have gone through the facts and circumstances of the case and in the interest of justice and equity both, it appears proper that the investigation into the case crime no. 578 of 2007 under Section 420, 467, 471, 463, 464 PS Vrindaban Distt. Mathura shall be entrusted to some other police officer not below the rank of Dy. Superintendent of Police.

Consequently, the Superintendent of Police, Mathura is directed to entrust the investigation into the above case to a competent police officer not below the rank of Dy. Superintendent of Police, who shall proceed with the investigation expeditiously  in accordance with law.

With these observations, the petition stands disposed of accordingly.  

Dt/-23rd   July 2007

PKG/3 (11556/07)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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