High Court of Judicature at Allahabad
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Dharm Wati & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 9709 of 2006  RD-AH 6833 (16 April 2007)
Court No. 36
Crl. Misc. Writ Petition no. 9709 of 2005
Smt. Jamuna Devi . . . . . . . . . . . . . . . . . . . . . . . Petitioner.
State of U.P. and others . . . . . . . . . . . . . . . . . . . . Respondents.
Hon'ble Yatindra Singh,J.
Hon'ble R.K. Rastogi,J.
The petitioner has filed this writ petition with allegation that her husband was arrested in the night intervening 20/21.4.2005 and thereafter because of police atrocities he died on 21.4.2005. The petitioner filed an application under section 156(3) Cr.P.C. before the Chief Judicial Magistrate concerned. On this application an order was passed on 8.7.2005 for registration and investigation of the case. Respondents no. 2 to 4 filed a revision against the order dated 8.7.2005. In this revision initially the order dated 8.7.2005 was stayed. Thereafter present writ petition was filed for a direction to the respondents to enquire into custodial death of the petitioner's husband.
Heard learned counsel for the petitioner and the learned A.G.A for the State.
It is not disputed that the revision filed by respondents no.2 to 4 was dismissed. There is now no hindrance in proceeding further with the investigation of the matter. Considering the nature of the allegations it will be open to the petitioner to file an application before respondent no.1 for transferring the investigation to any other authority. In case any such representation is filed by the petitioner, respondent no.1 shall pass appropriate order at an early date, if possible within one month.
With these observations, the writ petition is disposed off.
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