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2025 DAILYLAW 119420 (ALL)

INFORMANT OF FIR NO.-361/2024 P.S.-JANKIPURAM, LKO. v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND OTHERS

CRLP/778/2025 · 2025-01-28

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5828-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 778 of 2025 Petitioner :- Informant Of Fir No.-361/2024 P.S.- Jankipuram, Lko. Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Others Counsel for Petitioner :- Rakesh K. Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioners and learned A.G.A., who appears for the State- respondent. This petition has been filed with the following prayer : "Issue a writ, order or direction in the nature of Mandamus Commanding the opposite party no.1 and2 to take necessary action against the opposite party no.3 to ensure a fair and impartial investigation in the matter arising out of FIR No.0361 of 2024 dated 23.11.2024 lodged under Sections 376, 406, 420, 504, 506 I.P.C. at Police Station Jankipuram, District Lucknow and submit report before Court concerned expeditiously within time framed by this Hon'ble Court or transfer the investigation to some other investigating OfÏcer or Police Station in the interest of justice." Learned A.G.A., on the basis of instructions sent by Shri Jitendra Verma, Senior Sub Inspector, Police Station Jankipuram, District Lucknow, says that during the course of investigation, Section 376 I.P.C. has been dropped and the charge sheet has been prepared under Sections 420, 406, 504, 506 I.P.C. on 21.01.2025 which has been sent to Assistant Police Commissioner, Aliganj, Lucknow for onward submission to the Court concerned. 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 his challenge to the Charge-Sheet. Order Date :- 28.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench