VEDPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) MANY-fold prayers have been made in this writ petition, but having perused it and heard Sri Hemendra Kumar, learned Counsel for the petitioner and Sri Anup Ghosh, learned A. G. A. ap pearing on behalf of the respondents it transpires to us that the real prayer of the petitioner is to command the respondents to complete investigation of Crime No. 336 of 1993, under Section 302 of the In dian Penal Code, Police Station Subhash Nagar, District Bareilly within a shortest period.

(2.) WHEN this writ petition came up for consideration on 3-2-1997 following order was passed by G. P. Mathur and R. P. Nigam, JJ. : "the prayer made in this petition is that the writ of mandamus be issued commanding the respondents to complete the investigation in case crime No. 336 of 1993 under Section 302, I. P. C. P. S. Subhash Nagar District Bareilly. In paragraph No. 6 of the counter-af fidavit filed by Sri K. K. Mishra S. I. of P. S. Sub-hash Nagar, which was sworn on 2-3-96, it is stated that the investigation shall be completed within a reasonable period of time. The record shows that the murder is alleged to have been committed on 25-12-92 and the F. I. R. was lodged on 13-1-93. There is no reason why in vestigation of a murder case should take more than three years. The S. S. P. Bareilly is, accord ingly, directed to get the investigation of case crime No. 336 of 1993 under Section 302, I. P. C. , P. S. Subhash Nagar, District Bareilly concluded within a period of two months, if the same has not already been done. This period of two months shall commence from the date on which a certified copy of this order and a true copy of the writ petition is presented before the S. S. P. Bareilly. List this petition for orders after two months. WHEN the petition is listed next the petitioner will file an affidavit stating about the latest position of the case. Sd/-G. R Mathur, J. Sd/-R. R Nigam, J. "

(3.) WE, accordingly, dispose of this writ petition with this direction that if investigation has not been completed, to complete it within one month from the day on which S. S. P, Bareilly receives copy of this order.