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Neutral Citation No. - 2025:AHC:27388-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 20185 of 2024 Petitioner :- Bachcha Lal Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Swati Agrawal Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Mrs. Swati Agrawal Srivastava, learned counsel for the petitioner, Sri P.K. Malviya, learned A.G.A. for the State- respondents and Km. Rashmi Srivastava, learned counsel for respondent nos.4 to 9. 2. The relief sought in this petition is for directing respondent no.2 to change the investigating officer/agency of Case Crime No.0154 of 2024, under Sections 147, 452, 323, 304 IPC, P.S. Soraon, District-Prayagraj. Further prayer has been made for directing respondent nos.2 and 3 to arrest respondent nos.4, 6, 8 and 9 in the aforesaid case. 3. Learned counsel for the petitioner vehemently contended that even though the petitioner along with his family members had sustained severe injuries but instead of ensuring free and fair investigation, the investigation is going on at snail's pace. She further submitted that during investigation respondent nos.5, 6 and 7 have already been arrested whereas with regard to respondent nos.4, 8 and 9 it is averred in the counter affidavit filed by State that investigation against them is going on because they have absconded and fled away from the houses and the investigating officer has raided at several possibility places for arresting them. In this backdrop, she submitted that once State has filed an affidavit bringing on record that there is non-cooperation of respondent nos.4, 8 and 9 in the ongoing investigation, on the other hand, they are represented through their counsel, this shows laxity on the part of the concerned I.O.
4. The relief is resisted by learned counsel for respondent nos.4 to 9 on the premise that during investigation three accused persons have already been arrested and in case, the I.O. is not monitoring
the investigation the appropriate remedy is to file application under Section 156(3) Cr.P.C. before the competent court. She further gave an assurance that the accused-respondents, who are said to be absconding, will fully cooperate with the ongoing investigation. 5.
Considering the factual situation, we are of the view that no useful purpose would be served by keeping the instant petition pending consideration and we dispose of the writ petition with a direction that the police authorities shall conclude the investigation of the aforesaid case fairly, impartially and expeditiously, which shall be done under supervision of the concerned A.C.P., preferably within six weeks from the date of production of a certified copy of this order. 6. Needless to add that this Court has not expressed any opinion on the merits of the case and the competent authority/Investigating Officer should act strictly in accordance with law. Order Date :- 27.2.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad