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2025 DAILYLAW 111038 (ALL)

INFORMANT v. STATE OF U.P. AND 4 OTHERS

CRLP/22869/2024 · 2025-02-23

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25769-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 22869 of 2024 Petitioner :- Informant Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mary Puncha (Sheeb Jose),Mohd. Kalim Counsel for Respondent :- Anurag Pandey,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,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 commanding the respondent No. 2 and 3 to conclude the fair investigation in pursuance of first information report dated 20-10-2024 registered as Case Crime No.593 of 2024, Under Sections- 64, 109 (1) I.P.C., & 3/4 POCSO Act at Police Station-Deoband, District- Saharanpur. ii) issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to Add U/s 124 B.N.S. in the present case. iii) issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to arrest of the respondent No.4 and 5 sent to jail." 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 second respondent, at the first instance. 5. In the facts of the case, we permit the petitioner to approach the Senior Superintendent of Police, Saharanpur 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 :- 24.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad