LAXMI KUMARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, CIVIL SECTT. LKO. AND OTHERS
CRLP/752/2025 · 2025-01-28
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119595 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119595 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6459-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 752 of 2025 Petitioner :- Laxmi Kumari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Durgesh Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the parties and perused the record. This petition has been filed with the following main prayers :-
“ (i) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularly opposite party no.3 and 4 to conduct the inquest as well as post mortem of the son of petitioner which was earlier buried without conducting the inquest and post mortem (contained as Annexure No.1), in the interest of justice.”
Learned counsel for the petitioner says that the petitioner’s son died on 08.11.2024 in an unnatural manner but no inquest has been conducted and no postmortem has been performed despite petitioner making an application in this regard to the police station concerned. Learned A.G.A. has produced before this Court instructions sent by Shashi Prakash Verma S.I. police station Kadipur, Sultanpur. From a perusal of the same it appears that the petitioner has himself stated in application written by him on 08.11.2024 that his son died in an accident while coming on motorcycle to his house from Mudila Bazar and he did not want the postmortem to be conducted in the matter. Instructions are kept on record. The present writ petition is dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum.
Order Date :- 28.1.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench