Shaheen Parveen vs State Of Uttarakhand And Others

N.S. Dhanik, J

The present criminal writ petition has been filed by the petitioner seeking the following reliefs:

“(i) To issue a writ, order or direction in the nature of mandamus commanding the respondents to transfer the case investigation thoroughly by

some another competent Investigating Officer.

(ii) To issue a writ, order or direction in the nature of mandamus calling for the entire record/case diary of the investigation carried out in pursuance of

FIR dated 12.06.2020, registered as FIR No. 306 of 2020, under Section 147, 354, 323, 504 & 506 IPC, PS Kashipur, District Udham Singh Nagar.â€​

Learned counsel for the petitioner submits that after lodging the FIR, it seems that the concerned police is in hand in gloves with the real culprit,

therefore, from the date of incidence, till today no fruitful result came out in the investigation. He further submits that respondent no. 3 who from the

very initial stage was the I.O. of the instant case did not get recorded the statements of the victim/petitioner under Section 164 Cr.P.C. and in a very

hasty manner submitted a final report along with the report for proceedings under Section 182 IPC as against the petitioner on 23.07.2020 before the

concerned Magistrate. He also submits that the learned Magistrate vide its order dated 18.02.2021 had allowed the objection of the petitioner and

directed the concerned police to conduct further investigation but till today no progress has been initiated in the investigation and further respondent no.

3, who earlier submitted the final report, again he is appointed as Investigating Officer of the instant case. He further submits that another FIR was

also lodged by the mother of the petitioner against the accused person which are also involved in the instant case on 24.06.2020 and in that particular

case too, the concerned I.O. did not conduct fair investigation and against the final report, an objection was filed and the same was allowed by the

Court below vide order dated 18.03.2021.

During the course of argument, learned counsel for the petitioner confined his prayer only to the extent that the writ petition may be disposed of by

directing respondent no. 1 to decide the representation dated 05.04.2021 (annexure no. 5) filed by petitioner at the earliest in the light of the

submissions made by learned counsel for the petitioner.

Learned State Counsel submits that in case such direction is issued, the representation of the petitioner shall be decided at the earliest in accordance

with law.

Considering the submission advanced by learned counsel for the parties, the present writ petition is disposed of finally by directing respondent no. 1

to decide the representation dated 05.04.2021 (annexure no. 5 to this writ petition) looking into the facts of the case and submissions advanced by

learned counsel for the petitioner, within a period of fifteen days from the date of production of certified copy of this order, in accordance with law.