Sachin Sharma vs State Of Uttarakhand And Others

Ravindra Maithani, J

By way of instant writ petition, it is required that the direction may be issued to the Police to conduct further investigation as ordered earlier.

Heard learned counsel for the parties through video conferencing.

Facts briefly stated are that an FIR No. 403 of 2005, under Sections 452,323, 324, 307, 504 and 506 IPC was lodged at Police Station Jwalapur, District Haridwar by the petitioner, in which, investigation was completed and a final report was submitted. The petitioner filed objections to the final report. On 02.07.2014, in Misc. Case No. 105 of 2011, Sachin Sharma Vs. Swami Achutanand and others, in the court of Chief Judicial Magistrate, Haridwar ( for short "the case"), the final report was rejected and further investigation was ordered. This order dated 02.07.2014 was challenged in C482 No. 739 of 2014, before this Court, but it was dismissed and the order directing further investigation was confirmed.

Now instant petition is filed with the averments that the Police is not taking any steps to further investigate the case, therefore, direction in that regard has been sought.

On behalf of the petitioner, learned counsel would submit that despite order passed in the case for further investigation, which had subsequently been confirmed by the High Court, the Police is not proceeding in the matter.

In fact, what is sought to be implemented is an order passed in the case by the court of Chief Judicial Magistrate, Haridwar. If order dated 02.07.2014, passed in the case is not being complied with by the Police, the petitioner may bring this fact to the notice of concerned court. Why this Court should pass an order to ensure compliance of an order passed by the court of Chief Judicial Magistrate, Haridwar? When questioned, learned counsel for the petitioner would submit that petitioner may be given liberty to move such an application. For such purpose, no liberty is required. If this fact is brought to the notice of the court concerned, it may definitely be dealt with in accordance with law. Undoubtedly, interference in the investigation is not made, but when it is a question of non compliance of any court's order, that fact has essentially to be brought to the notice of the same court. Therefore, this Court is of the view that no interference is warranted and the instant writ petition deserves to be disposed with the above observations.

The writ petition is disposed of with the above observations.