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2025 DAILYLAW 108284 (ALL)

RAJKUMAR v. State of U.P. AND 4 OTHERS

CRLP/21288/2024 · 2025-02-14

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21204-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 21288 of 2024 Petitioner :- Rajkumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mayank Prakash Rawat,Surendra Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. This writ petition is preferred praying for the following principal relief: "i- Issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 and 3 to monitor of investigation and conduct proper and fair investigation in connection with Case crime no. 0604 of 2024 under section 420, 467, 468, 471, 120-B I.P.C. Police Station Tajganj District Agra against the accused person i.e. respondent no.4 and 5 and also directed to the authority concerned to take legal action against respondent no.4 and 5 in accordance with law. ii- Issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 to transfer the investigation of Case crime no. 0604 of 2024 under section 420, 467, 468, 471, 120-B I.P.C. Police Station Tajganj District Agra from police Tajganj Agra to another police station of Agra. iii- Issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 to appoint the other investigating officer for the purpose of fair and impartial investigation in the aforesaid case crime no. 0604 of 2024 under section 420, 467, 468, 471, 120-B I.P.C. Police Station Tajganj District Agra." 3. It is stated that fair investigation is not being conducted on account of influence exercised by the accused persons. 4. Learned AGA, on the other hand, states that such aspects shall be examined by the concerned Deputy Commissioner of Police, at the first instance. 5. In the facts of the case, we permit the petitioner to approach the Deputy Commissioner of Police, Agra highlighting his grievance, who shall call for records and will ensure that a fair and impartial investigation, in accordance with law, is got conducted and concluded, expeditiously, preferably within a period of three months from the date of presentation of a certified copy of this order. 6. With the above observations/directions, this writ petition stands disposed of. Order Date :- 14.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad