ANURAG PRAJPATI Vs. STATE OF U P AND 09 ORS
LAWS(ALL)-2016-6-60
HIGH COURT OF ALLAHABAD
Decided on June 29,2016

Anurag Prajpati Appellant
VERSUS
State Of U P And 09 Ors Respondents

JUDGEMENT

- (1.) By means of this petition under Section 482 Cr.P.C., petitioner seeks direction to the Chief Judicial Magistrate, Sultanpur to ensure fair and impartial investigation and further seeks direction to the Investigating Officer not to harass the petitioner till the investigation is completed.
(2.) This case has a checkered history. Three FIRs, two applications under Section 156(3) Cr.P.C. and four writ petitions have been filed by Garima Singh or for herself, details whereof are given below:- (i) Details of FIRs:- (a) On 06.01.2014, first FIR was lodged by Garima Singh against her husband (Pushp Raj Singh) and father-in-law (Daya Shankar Singh) registered as case crime no. 16/2014, under Sections 498-A, 504 & 506 IPC, P.S.- Kotwali Amethi, District Amethi, in which police submitted final report. (b) On 26.10.2014, second FIR was lodged by Grandfather of Garima Singh (Sheetla Prasad Singh) against Ram Achal and his associates registered as case crime no. 195/2014, under Sections 363, 366 IPC, P.S.- Kotwali Amethi, District Amethi, in which final report was submitted. (c) On 15.11.2014, third FIR was lodged by Garima Singh against her father (Yadunath Singh) and her Grandfather (Sheetla Prasad Singh registered as case crime no. 437/2014, under Sections 323, 504 & 506 IPC, P.S.- Ashiyana, District Lucknow, in which charge-sheet has been filed. (ii) Details of two applications under Sections 156(3) Cr.P.C.:- (a) On 06.11.2014, first application under Section 156(3) Cr.P.C. was moved by father of Garima Singh (Yadunath Singh) against Anurag Prajapati before Judicial Magistrate, court no. 23, Sultanpur (b) On 02.05.2016, second application under Section 156(3) Cr.P.C. was moved by Garima Singh against Gayatri Prasad Prajapati and Ors. before Chief Judicial Magistrate, Lucknow. (iii) Details of four writ petitions :- (a) First writ petition [W.P. No. 7651 (MB) of 2014] was filed by Mrs. Garima Singh and Anr., which was disposed of, vide order dated 19.08.2014 passed by Division Bench of this Court. (b) Second writ petition [W.P. No. 12111 (MB) of 2014] was filed by Garima Singh @ Km. Neha Singh and Anr., which was disposed of as infructuous vide order dated 21.05.2015 passed by Division Bench of this Court. (c) Third writ petition [W.P. No. 11199 (MB) of 2014] was filed by Garima Singh, which was disposed of vide order dated 21.05.2015, passed by Division Bench of this Court. (d) Fourth writ petition [W.P. No. 10410 (MB) of 2016] was filed by Garima Singh, which was disposed of with liberty to the petitioner to avail alternative remedies, vide order dated 12.05.2016 passed by Division Bench of this Court.
(3.) It appears that an application has been filed under Section 156 (3) Cr.P.C. by Sri Yadunath Singh, in which it was alleged that his daughter Garima Singh did not come back from market since 27.09.2014, as such, she has been missing since 27.09.2014. Later on, it came to notice that present petitioner and one more person have taken her forcibly in a four wheeler. Later on, a call was received from mobile informing him that his daughter is safe. Thereafter, Police people of Amethi police station called him and forced him to sign certain blank papers. He had moved an application before Superintendent of Police and made request to order registration of FIR in police station. This application was filed on 06.11.2014. On 01.06.2015, this application was dismissed for non-prosecution by Judicial Magistrate.;


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