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2018 Supreme(All) 551

DEVENDRA KUMAR UPADHYAYA, DINESH KUMAR SINGH
ARTI GUJAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Advocate Appeared:
Dr. Krishna Singh, Ashwani Kumar Agnihotri and Nishant Shukla for the Petitioner; A.G.A., Rishad Murtaza and Vimal Kumar Srivastav for the Respondents.

JUDGMENT

Hon’ble Devendra Kumar Upadhyaya, J.—This petition, filed by the wife of a slain Inspector of U.P. Police, invokes jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction to the Central Bureau of Investigation to conduct free, fair and impartial investigation of Case Crime No. 1081 of 2015, under Section 302 I.P.C., Police Station Kotwali City, District Pratapgarh. A further prayer has been made for issuing a writ in the nature of certiorari quashing the decision of the Government of India refusing to conduct the investigation of the aforesaid crime by the Central Bureau of Investigation despite the consent of the State Government accorded for investigation by the Central Bureau of Investigation as required under Section 6 of the Delhi Police Establishment Act, 1946.

2. The basis of the prayer for investigation by the Central Bureau of Investigation and the factual back-ground thereof have been laid in the writ petition by the petitioner, who has stated that her husband, late Anil Kumar was appointed on the post of Sub Inspector in the U.P. Police in the year 1999 and further that his work and conduct had always been appreciated by the




























































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