VITTO ALIAS NUJHAT FATIMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/624/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119237 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119237 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5997-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 624 of 2025 Petitioner :- Vitto Alias Nujhat Fatima Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dwijendra Prasad Gupta Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A., who appears for the State- respondent. This petition has been filed with the following prayer :
"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties concerned to take the necessary action regarding grievances of petitioner raised in her application dated 27.03.2024 and also take the necessary action for making re-investigation relating to the F.I.R. lodged by the petitioner bearing F.I.R. No.0077 of 2024 dated 14.03.2024, under Sections 323, 504, 506, 452 I.P.C., Police Station Kasimpur, District Hardoi and also take the necessary action against the opposite party no.4 and 5 in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to consider and decide the application of the petitioner dated 27.03.2024, in the interest of justice." It has been submitted by learned counsel for the petitioner that the petitioner has lodged the F.I.R. on 14.03.2024, but the investigation is not being carried out properly and therefore she approached this Court.
Learned A.G.A., on the basis of instructions sent by Shri Vijay Kumar Singh, Senior Sub Inspector, Police Station Kasimpur, District Hardoi, says that charge sheeet no.77 of 2024 dated 25.03.2024 has been filed in the Court concerned
04.11.2024. The Copy of such instructions is kept on record. Since the charge-sheet has been filed by the Investigating OfÏcer, it is presumed that sufÏcient evidence has been collected and filed with the Charge-sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. The writ petition is disposed of with liberty to the petitioner to approach the Competent Court for raising her challenge to the Charge-Sheet. Order Date :- 29.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench