Sonu& Ors. vs. State Of U.P.& Ors.

Court No. - 45

Case :- CRIMINAL MISC. WRIT PETITION No. - 5343 of 2021 Petitioner :- Sonu And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Sanjay Kumar Dwivedi Counsel for Respondent :- D.M.Tripathi

Hon'ble Pritinker Diwaker, J. Hon'ble Mrs. Maniu Rani Chauhan.J.

Heard Mr. Sanjay Kumar Dwivedi, learned counsel for the petitioners, Mr. J.K. Upadhyay, learned A.G.A. for the State-respondents and Mr. D.M. Tripathi, learned counsel for respondent No.3.

The grievance of the petitioners is that for the same incident, two different first information reports cannot be registered and investigated by two different Investigating Officers. Learned counsel for the petitioners also submits that the investigation be done in a fair and impartial manner so that the petitioners may not suffer any injury.

Mr. D.M. Tripathi, learned counsel for respondent No.3 submits that in both the first information reports, cause of action is different and, therefore, separate investigation is to be done.

State counsel submits that the Senior Superintendent of Police, Mathura has passed an order on 14th July, 2021, directing the Circle Officer, Refinery, Mathura to investigate both the first information reports. He further submits that if after investigation, anything is found against the petitioners, they would be dealt with accordingly.

Be that as it may, it is for the Police to investigate the matter in accordance with law.

Considering the facts and circumstances of the case, we dispose of the writ petition with a direction that the Investigating Officer may complete the investigation strictly in accordance with law.

The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 16.8.2021 nethra

Digitally signed by Justice Pritinker Diwake: Date: $2021.08.16$ 17:15:44 IST Allahabad

Digitally signed by Justice Manju<br>Rani Chauhan<br>Date: 2021.08.16 17:17:31 IST <table><tbody>Basic Schools With High CourtBasic Schools With High CourtReason: Document OwnerReason: Document OwnerLocation: High Court of Judicature atLoca Allahabad