IMPORTANT POINT
Police has statutory duty to investigate into any crime in accordance with law as provided in Cr.P.C. If police does not perform its statutory duty in accordance with law or is remiss in performance of its duty, Court cannot abdicate its duties on precocious plea that investigation is exclusive prerogative of police.

ORDER :

1. One Shri Ram Bihari Chaubey, the father of the petitioner, was shot dead at his residence in Village Shrikanthpur, Chaubepur, Varanasi in the State of Uttar Pradesh, on 04.12.2015 at around 7.15 AM. An F.I.R. No. 378/2015 under Sections 302, 147, 148 and 149, I.P.C. was registered the same day at Chobepur Police Station at 11.15 AM. Four unknown assailants were stated to have come on a motor cycle. Two of them entered the residence and shot the deceased, while the two others waited outside, after which they all escaped.

2. The petitioner, son of the deceased, approached the Allahabad High Court complaining of the lackadaisical manner in which the police was investigating because some powerful political personalities were also involved. The investigating officers were also being changed with regularity seeking a mandamus for a proper inquiry into the murder of his father including by the C.B.I. The High Court called for a progress report and also required the Chief Secretary to file his affidavit in the matter. The petitioner is aggrieved by the impugned order of the High Court dated 17.05.2018 disposing the writ petition, accepting the contention of the police that the investigation would be concluded expeditiously and report will be submitted before the competent court within a period of eight weeks.

3. We have heard the learned counsel for the petitioner, for the State of Uttar Pradesh and for respondent no. 5. On 29.06.2017 charge-sheet was submitted against one Raju alias Nagender Singh son of late Ramji Singh, Ajay Singh and Shani Singh both sons of Narayan Singh, citing 21 witnesses. The charge-sheet stated that the name of respondent no. 5 had transpired during investigation as having conspired in the killing after which Section 120B I.P.C. was also added. The charge-sheeted accused Raju alias Nagender Singh confessed that apart from the others named by him, respondent no. 5 in conspiracy had the murder planned and executed. The investigation was thus kept pending against Manish Singh, Dabloo Singh and respondent no. 5. The police in the case diary noting dated 17.02.2017 recorded that on basis of confidential information from the police informer, that respondent no. 5 had given a “supari” of Rs. Five lacs for murder of the deceased. Political rivalry existed between the deceased and respondent no. 5 on account of assembly elections as also panchayat elections. It further contained noting that the real person behind the incident was respondent no. 5 based on very confidential information, having serious ramifications. The case diary noting dated 06.04.2017 records that the police party went to landmark tower to arrest Ajay Singh and Shani Singh. Respondent no. 5 was present there and questioned why the police had come. Respondent no. 5 demanded the production of arrest warrant against the concerned persons and required the investigating officer to give in writing that the suspect was being taken for interrogation. Raju alias Nagender Singh after intensive interrogation disclosed that with co-accused Ajay Singh, he had gone to meet respondent no. 5, disclosing the manner in which the murder was committed by him and his accomplices. The case diary noting dated 29.06.2017 records that investigation against Dabloo Singh and Manish Singh and respondent no. 5 were in progress. Respondent no. 5 vide Annexure P.5 letter no. 4/2017 wrote to the Principal Secretary that he was being falsely implicated and the matter be properly investigated, if required from the C.B.I.

4. The Sub-Inspector of Police submitted a progress report before the High Court on 11.10.2017 that the investigation up to that date revealed the involvement of Ajay Singh, Raju alias Nagender Singh, Shani Singh, Manish Singh, Dabloo Singh and respondent no. 5 as a conspirator. Charge-Sheet had been submitted against Ajay Singh, Raju alias Nagender Singh and Shani Singh and investigation with regard to Dabloo Singh, Manish Singh and respondent no. 5 is stil