JUDGEMENT
SURYA PRAKASH KESARWANI, J. -
(1.)Heard Sri Arvind Verma, learned Senior Advocate assisted by Sri Jaspreet Singh Rai, Sri Anurag Bajapayee and Smridhi Sharma, learned counsels
for the petitioner and Sri Raghvendra Singh, learned Advocate General assisted
by Sri Shiv Nath Tilhari, learned A.G.A. for the State - respondents.
(2.)This writ petition has been filed praying for the following relief:
"a) Issue a writ order or direction in the nature of mandamus directing the respondent no.2 and 3 to conduct fair investigation with respect to the events that transpired on the fateful day of 3/5/2021; and
b) Issue a writ order or direction in the nature of Mandamus directing the Respondents to immediately arrest the erring Police Officials and proceed against them departmentally as per Rules, and
c) Issue a Writ order or direction in the nature of Mandamus directing the respondents to conduct free and fair investigation in the present matter and also this Honble Court may graciously be pleased to monitor the investigation so as to secure the ends of justice. and/or
d) Pass any such further order(s) as deemed fit and proper in the facts and circumstances of the case."
(3.)Thus, the sole prayer of the petitioner is that a fair investigation be conducted in the matter of incident dtd. 3/5/2021 with respect to which the
petitioner has lodged a First Information Report No.0272/2021 dtd. 8/5/2021
under Ss. 147, 323, 342, 504 I.P.C., P.S. Puranpur, District Pilibhit and the
FIR No.0264/2021 dtd. 3/5/2021, P.S. Puranpur, District Pilibhit lodged by
the police. Initially, the police has registered FIR against the petitioner and his
family members under Sec. 147, 149, 188, 269, 332, 353, 427, 504 I.P.C.
but subsequently, as per Para-3(xix) of the supplementary affidavit of Sweta
Kumari Yadav, Circle Officer, Crime Bareilly, dtd. 16/7/2021 filed on
behalf of Director General of Police, Uttar Pradesh, Lucknow, the names of
the other family members of the petitioner namely Satyendra Singh, Harjindar
Singh, Sukhvindar Singh and Rajendra Kaur relating to FIR No.264/2021
(lodged by the police) have been dropped and Ss. 147 and 149, I.P.C.
against the petitioner was also dropped and now the investigation against the
petitioner is continuing for offences only under Sec. 188, 269, 332, 353,
427, 504 I.P.C.
Facts of the Case:-