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2025 DAILYLAW 115592 (ALL)

PAWAN SINGH @ PAWAN KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. AND 3 OTHERS

/219/2025 · 2025-01-13

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2137-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 219 of 2025 Petitioner :- Pawan Singh @ Pawan Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And 3 Others Counsel for Petitioner :- Ram Milan Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This writ petition has been filed by the petitioner with the following main prayer : "Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no.2 to transfer the investigation of Case Crime No.0343 of 2024, under Sections 103(3), 109, 118(1), 118(2), 352, 351(3) of BNS, Police Station Behta Gokul, District Hardoi from other police station or any other independent Investigating Agency in which concerned police is not making fare investigation of the case, in influence of opposite party no.4 and effective political leaders which was lodged by the petitioner." It is the case of the petitioner that on 12.11.2024 at about 9:00 A.M., the informant's elder brother, Dinesh Pal Singh, S/o Chandra Pal Singh was surrounded by the accused and attacked with a knife and spade (fawda). Both legs of his brother, Dinesh Pal Singh were cut and he died due to grievous ante-mortem injuries on 13.11.2024. The petitioner lodged an F.I.R. in which the investigation has not been done properly and the Investigating OfÏcer of the concerned police station is pressurizing the petitioner to compromise with the accused. On 30.12.2024, the petitioner has given an application through registered post to the opposite party no.2 and Director General of Police, U.P., Lucknow for transfer of the investigation to another police station or to any other independent Investigating Agency. The application has remained pending and no order has been passed till date. Without entering into the merits of the controversy, the writ petition is disposed of with a direction to the opposite party no.2 to look into the grievance of the petitioner and take appropriate action/ decision on the representation of the petitioners, which is said to be pending before him within a period of four weeks from the date a certified copy of this order is produced before him. Order Date :- 13.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench