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2025 DAILYLAW 120027 (ALL)

REKHA SAXENA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME GOVT. OF U.P. LKO. AND OTHERS

CRLP/739/2025 · 2025-01-28

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5942-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 739 of 2025 Petitioner :- Rekha Saxena Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Akash Deep Singh,Rudresh Pandey,Suneel Kumar Tiwari Counsel for Respondent :- G.A.,Sudheer Tripathi 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 Respondents. 2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party no. 3 and 4 t take into observation to do a just, fair and proper investigation or a Investigation through a Special Cell in the crime no. 102 of 2023 registered on 22-02-2023 U/s- 420, 406, 467, 468 & 471 IPC at P.S.- Kotwali Nagar, District- Faizabad (Now Ayodhya), contained in Annexure No.1 to this writ petition within a period as fixed by this Hon'ble Court, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party no. 3 and 4 to take into observation and file the proper Investigation Report/ chargesheet and take necessary action in accordance with law against the opposite party no.6 as per the law laid down by the Hon'ble Supreme Court in case that "Accordingly, courts have no option except to receive the melange and proceed. But the courts are not as barehanded as perceived. Precedents lately have acknowledged that Courts are not to mute spectators as they definitely possess the power to monitor and supervise the Investigation (Sakiri Wasu v/s State of U.P.)", in the interest of justice." 3. Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by Sri Amar Singh, Sub-Inspector of Police, Police Station- Kotwali Nagar, District- Ayodhya dated 23.01.2025 wherein it has been stated that earlier Investigating OfÏcer Sri Ram Prakash Singh, Sub-Inspector had submitted a final report no. 20 of 2024 on 12.02.2024. However, the Supervisory Authority i.e. the Circle OfÏcer (City), Ayodhya had directed for further investigation in the matter and has handed over the said investigation to Sri Praveen Mishra, Sub-Inspector of Police. Such investigation is still going on. 4. The written instructions are kept on record. 5. The writ petition is disposed of with liberty to the petitioner to approach the appropriate forum, in case, she is still aggrieved. Order Date :- 28.1.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench