RAJMANI GOSWAMI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/380/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117393 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117393 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6054-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 380 of 2025 Petitioner :- Rajmani Goswami Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Dhirendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State/respondent.
2. The instant writ petition has been filed by the petitioner with the following main reliefs :- (i) Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the opposite parties to take immediate, necessary action in completing the Fair and unbiased investigation of the F.I.R. / Case Crime No. 0426/2024, under sections 74, 352, 351(3) B.N.S., & Section 7/8 Protection of Children From Sexual Offences Act, 2012, Police Station Inayat Nagar, District Ayodhya, after adding appropriate sections of B.N.S., within a period as stipulated by this Hon'ble court, for just, proper and fair investigation of the case, in the interest of justice. (ii) Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the Opposite Party No.2 to ensure free, fair and transparent investigation of the Case, as provided under the law, within a period stipulated by this Hon'ble High Court, in the interest of justice.
3. It has been submitted by the learned counsel for the petitioner that the F.I.R. was lodged by the petitioner on
25.10.2024. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed.
4. Learned A.G.A. has produced before this Court the instructions sent by Shri Virendra Kumar Pal, Sub Inspector, Police Station Inayat Nagar, District Ayodhya as well as case diary, wherein it has been stated that Section 74 of B.N.S. has been removed and Section 70 of B.N.S. and Section 5/6 of POCSO Act has been added and one person, Raj Karan s/o Babban has also been added as
one of the accused. On 04.11.2024, Shiv Goswami s/o Bhawani Prasad Goswami has been arrested and the other accused, Raj Karan s/o Babban has also been arrested. Charge sheet has been prepared and sent to the supervisory authority.
5. The said instructions as well as case diary are kept on record.
6. In view of the aforesaid instructions, the writ petition is
disposed of.
Order Date :- 29.1.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench