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Sumit Mishra murder case: Allahabad High Court directs Lucknow Police Commissioner to conduct fair and impartial investigation

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The Allahabad High Court has directed the Lucknow Commissioner of Police to get the investigation done in a fair and impartial manner in the Sumit Mishra murder case.

The Lucknow Division Bench of Justices Ramesh Sinha and Saroj Yadav passed this order on Tuesday, while hearing a petition filed by Lalit Kant Pandey.

The plea sought quashing of the FIR registered under Sections 302 and 323 of IPC at Police Station Aliganj, District Lucknow North (Commissionerate Lucknow), along with the consequential inquiry and investigation being conducted on the basis of the said FIR.

In compliance with the order dated August 13, 2021 passed by the Court, a personal affidavit of the Commissioner of Police, Lucknow has been filed.

From the perusal of the affidavit, it is apparent that the genuineness of the video clippings has been inquired by the Assistant Commissioner of Police, Aliganj, Lucknow.

So far as the other query made by the Court in its order dated August 13, 2021, it has been stated that the deceased had not consumed alcohol, as per the statement recorded under Section 161 Cr.P.C. of the Doctor, who had conducted the post-mortem of the deceased.

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It was further submitted that the statement of the injured witness has also been recorded, wherein a suspicion has been raised by the said witness regarding conspiracy of the murder of the deceased. The affidavit stated that the Investigating Agency is not conducting any effort to arrest the petitioner.

“In view of the averment made in the personal affidavit, the Court disposes of the petition with a direction to the Investigating Officer of the case to conclude the investigation within a period of six weeks from the date of production of certified copy of the order and submit appropriate police report under Section 173(2) CrPC before the competent court.

“The Commissioner of Police, Lucknow is also directed to ensure that the investigation of the present matter is conducted in a fair and impartial manner. Since the Commissioner of Police, Lucknow has already been directed to ensure fair investigation of the matter, there is no ground to transfer the case to some other agency as the relief no 4 sought by the petitioner in this petition,” the order read.

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