COMPLAINANT OF CASE CRIME NO.- 396/2024, RAEBARELI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/465/2025 · 2025-01-23
Om Prakash Shukla, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118049 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118049 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4490-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 465 of 2025 Petitioner :- Complainant Of Case Crime No.- 396/2024, Raebareli Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Ravindra Nath Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J.
1. Heard the learned Counsel for the petitioner, the learned A.G.A. for the State-respondents and perused the material placed on record.
2. This petition has been filed on behalf of the petitioner seeking following main relief:-
"i. Issue a writ order of direction in the nature of Mandamus commanding the opposite parties concerned to make fair and proper investigation of FIR dated 28.06.2024 of Case Crime No.0396/2024 under Section 450, 376, 302, 506 and 34 I.P.C., Police Station-Bachhrawan, District-Rae Bareli and also change the Investigation of the aforesaid FIR from the opposite party No.3 to any other police station or any other independent agency like C.B.C.I.D., in the interest of justice."
3. In view of the order proposed to be passed notice to respondent Nos.4 to 8 is dispensed with.
4. It is the case of the petitioner that he had lodged an FIR against the accused persons for committing rape on his minor daughter on 08.11.2023 and in this regard the FIR was lodged on 28.06.2024 and the police is not conducting the investigation properly and therefore, this writ petition has been filed with the aforesaid prayer.
5. The learned A.G.A. for the State-respondents has produced before this Court an instruction sent by Sub Inspector named Rahul Chauhan, Police Station-Bachhrawan, District-Rae Bareli dated 20.01.2025 wherein it has been stated that a final report
No.48/2024 dated 27.07.2024 has been sent to the court concerned. The instruction dated 20.01.2025 is taken on record.
6. In view of the above, this writ petition stands disposed of with liberty to the petitioner to file a protest application before the court concerned if he is still aggrieved by the final report. [Om Prakash Shukla, J.] [Sangeeta Chandra, J.] Order Date :- 23.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench