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2025 DAILYLAW 111005 (ALL)

HARSH KOHLI v. STATE OF U.P. AND 7 OTHERS

CRLP/23149/2024 · 2025-02-26

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27511-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23149 of 2024 Petitioner :- Harsh Kohli Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. The instant writ petition under Article 226 of Constitution of India is preferred seeking following reliefs:- "i. Issue a writ order or direction in the nature of mandamus commanding the respondents to transfer the investigation of Case Crime No.265 of 2023 under Sections 420, 468, 471, 182, 201, 500, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar to C.B.C.I.D. or SIT or Crime Branch or CBI for fair investigation in this case. ii. Issue a writ order or direction in the nature of mandamus, directing the respondent No.1 and 2 to arrest the accused persons in Case Crime No.265 of 2023 under Sections 420, 468, 471, 182, 201, 500, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar." 3. Sri Paritosh Malviya, learned A.G.A.-I has placed detailed instructions sent by the Investigating Officer, P.S. Chaketi, District Kanpur Nagar, which is taken on record. He states that in Case Crime No.265 of 2023 under Sections 420, 468, 471, 182, 201, 500, 504, 506 IPC, Police Station Chakeri, District Kanpur Nagar, the investigation is already completed and final report is forwarded to the Competent Court. He submits that no cause of action survives and the writ petition is liable to be dismissed as infructuous. 4. Considering the categorical instruction, we do not find any merit to proceed further in the instant matter. Suffice to indicate that in case the petitioner is aggrieved, he may press an appropriate relief under Cr.P.C./B.N.S.S., 2023. 5. Accordingly, the instant writ petition is consigned to record. Order Date :- 27.2.2025 RKP . (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad