VIPIN @ SINGHAM YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amol Kumar, learned counsel for the petitioner and Sri S.P. Singh, learned Additional Government Advocate.

(2.) The facts in brief as submitted by learned counsel for the petitioner are to the effect that a first information report dated 08.02.2020 has been lodged by opposite party no.4 bearing FIR/Case Crime no.0121 of 2020 under Sections 147, 148, 149, 323, 307, 354, 504, 506, 394, 452 I.P.C. at Police Station Madiyaon, District Lucknow. It is further submitted by learned counsel for petitioner that the said FIR had been challenged by petitioner earlier by filing Writ Petition No.4954(M/B) of 2020 in which the following order was passed on 20.02.2020:

(3.) Learned counsel for the petitioner further submits that thereafter the investigation in question is being conducted by Station House Officer, P.S. Madiyaon, District Lucknow opposite party no.3. It is further submitted by learned counsel for the petitioner that under the garb and influence of the complainant, opposite party no.3 is not conducting the investigation in a fair and proper manner, rather the investigation being conducted by him is merely an eyewash only in order to implicate the petitioner in the matter in question. In this regard reliance has been placed by learned counsel for the petitioner upon the averments made in paragraphs 5 and 6 of the petition, which reads as under :