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Judgment
The case under Sections 504, 506, I.P.C. registered against the petitioners being case Crime No. 69 of 1994 at police station Jaitpura, District Varanasi. One Mr. Shiv Gopal Gupta, S.I. of out post Chaukaghat, is an Investigating Officer of this case. Serious allegations of mala fide is levelled against this Investigating Officer as well as the other police officer of that police station. So much, so that a criminal complaint under Sections 147/323/504/506/427/452, I.P.C. has been filed by the father of the petitioners against the police officer including the Investigating Officer, S.I., Shiv Gopal Gupta. In view of these allegations the learned counsel submits that this police officer will be partial in investigation and will definitely give a finding against the petitioners.
A perusal of the record shows that the petitioners have filed a representation before the Principal Secretary (Home), Uttar Pradesh Government, Lucknow making all these allegations and for transfer of the case to C.B., C.I.D. on 691994. It is pointed out that that representation is still pending and it has not yet been disposed of nor the investigation has been withdrawn.
We direct the Principal Secretary (Home) to dispose of this representation if not already stand disposed of, expeditiously and within a period of 15 days from the date when the copy of this order along with a copy of the representation dated 6th September, 1994, is produced before him. Needless to say that he will take into consideration all these facts which have been mentioned in the representation and also the fact that a criminal complaint has been filed against the police officer of that police station including the Investigating Officer.
With these directions, this writ petition stands disposed of at the stage.