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2025 DAILYLAW 103220 (ALL)

SMT KHUSHBU v. State of UP AND 8 OTHERS

CRLP/18252/2024 · 2025-01-19

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:8660-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18252 of 2024 Petitioner :- Smt Khushbu Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Vinay Bhushan Upadhyay,Vivek Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri V.K. Pandey, learned counsel for the petitioner and learned A.G.A. for the State respondent. 2. The present writ petition has been filed with the following reliefs :- "(i) Issue a writ, order or direction, in the nature of Mandamus commanding/ directing to the Respondent no.2 to ensure the free fair and impartial investigation of the case Crime No. 0100 of 2024, under Section 115(2), 352, 333, 191(2), (191)3, 75, 76, 324(4), Bhartiya Nyaya Sanhita, 2023 (BNS), Police Station Jaspura, District Banda. (ii) Issue a writ, order or direction in the nature of mandamus commanding to the respondent no. 2 to provide the appropriate security to the petitioner and her family members so that they may continue their life in their home" 3. At the very outset, learned AGA on the strength of instruction submits that during investigation complicity of two accused persons namely Mukesh Nishad and Udai Nishad had been found and accordingly charge-sheet against them has been forwarded to the competent court. So far as the other accused persons namely Mukesh Nishad, Ramesh Nai, Smt. Sumata and Dashwa Kewat are concerned, they have been exonerated. As such, the cause for filing the instant writ petition no more survives. 4. In view of the categorical instructions, as the cause for filing the writ petition no more survive, the instant writ petition is dismissed as infructuous. Order Date :- 20.1.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad