- (1.) This petition has been preferred by the petitioner Smt. Sheela Devi with the following prayers: a. Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 to get the incident of First Information Report dated 23.10.2010 of the case crime No. 829/10, under sections 306/506/323/120-B I.P.C., Police Station Kerakat, District Jaunpur investigated by any independent agency or any other higher authority. b. Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 to decide the application dated 15.11.2010 moved by the petitioner with regard to the transfer of the application of the First Information Report dated 23.10.2010 bearing Case Crime No. 829/10, under sections 306/506/323/120- B I.P.C., Police Station Kerakat, District Jaunpur to any independent agency or any higher authority. c. Issue any other order or direction which this Hon ble Court may deem fit and proper in the circumstances of the case.
(2.) The facts, in brief, of this case are that the petitioner Smt. Sheela Devi lodged an FIR on 23.10.2010 at 9.45 A.M.in respect of an incident allegedly occurred during the period from 18.10.2010 to 20.10.2010, at police Station Kerakat in Case Crime No.829 of 2010 under sections 306, 506, 323, 120-B I.P.C., the FIR has been lodged against the wife of the deceased, Vijai, Ajai Gupta, Hari Lal, Constable Prabhu Nath Ram, Constable Madhu Soodan Misra and Sub Inspector Vikas Pandey, Incharge of the police outpost Gaddi. It is alleged that the deceased Yogendra Kumar alias Yogi, the son of the petitioner was taken away by the above mentioned accused persons from his house on 18.10.2010, he was taken to the police outpost Gaddi where he was beaten and mentally harassed, again on 20.10.2010 he was taken to the above mentioned police out post where he was subjected to cruelty, the money was demanded from him, a threat was extended that in case money was not given by him, he shall be falsely involved in some criminal cases and his life would be spoiled. Thereafter, the deceased could not arrange the money and on account of the mental torture he committed suicide, but prior to that he had written a suicide note, the same was recovered from the place of occurrence. In the suicide note, the specific allegations have been made against respondent Nos. 4 to 10, the recovered suicide note was sent to the Handwriting Expert, the report of the Handwriting Expert has been submitted in which it was found that the recovered suicide note was in the hand writing of the deceased. The local police was not doing the fair investigation because the police personnel of the same police station were named in the FIR, respondent no.8 constable Prabhu Nath Ram, respondent No.9 Madhu Sudan Misra and respondent No.10 Sub Inspector Vikas Pandey were posted at police outpost Gaddi of Police Station Kerakat district Jaunpur, the petitioner, who is mother of the de- ceased made a complaint with regard to the investigation of the above mentioned case to S.P.Jaunpur by way of moving an application dated 15.11.2010, such application was sent to Principal Secretary Home, U.P. Government, Lucknow on 15.11.2010, she moved an application in the court of learned Judicial Magistrate II, Jaunpur on 16.11.2010 alleging therein that accused persons, police officers and some other persons were pressurising her to settle the dispute by way of compromise , such application was made by Sri Vishwanath, the father of the deceased before the State Human Right Commission, Lucknow, thereafter the present petition has been filed by the petitioner with the main prayer that investigation of the above mentioned case may be done by independent agency or any other higher authority.
(3.) Heard Sri P.K. Upadhyay, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and perused the record.;