BALJEET SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this writ petition under Article 226 of the Constitution of India the Petitioner, who is the complainant in Case Crime No. 117 of 2009 under Section 376 I.P.C., P.S. Bhagwanpur, Haridwar, has prayed for a writ in nature of mandamus directing the Respondent Nos. 1 to 3 for expediting the investigation within some stipulated time.

(2.) BRIEF facts of the case as emerged out from the petition are that the Petitioner lodged a First Information Report at Police Station Bhagwanpur on 6 -6 -2009 under Section 376 I.PC. against two accused person namely Brajesh son of Nanku and Nessa son of Katu, both residents of Village Lamgrant, Police Station Bhagwanpur, District Haridwar. It has been alleged by the complainant in the First Information Report lodged by him at Police Station Bhagwanpur that the aforesaid two accused persons committed rape upon his daughter Km. Ushmati when she was staying alone in her house. The Petitioner has alleged in the writ petition that after lodging the First Information Report, he also moved an application under Section 156(3) Code of Criminal Procedure before the first Additional Civil Judge (Junior Division)/Judicial Magistrate, Roorkee, and only thereafter the police lodged the report in Case Crime No. 117 of 2009 under Section 376 I.PC. on 14 -6 -2009. It has also been stated by the Petitioner that there were two eye -witnesses of the incident namely Islam son of Pharjand and Saddo wife of Salman whose affidavits were also produced by the complainant before the Judicial Magistrate, Roorkee along with the application under Section 156(3) Code of Criminal Procedure

(3.) HEARD Sri Narendra Bali, Learned Counsel for the Petitioner and Sri S.S. Adhikari, Learned A.G.A. for the Respondent Nos. 1 to 3, and perused the record.