AVADHESH KUMAR DIKSHIT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
CRLP/804/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 120061 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120061 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6137-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 804 of 2025 Petitioner :- Avadhesh Kumar Dikshit Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Ashutosh Kumar Singh,Rajat Sharma Counsel for Respondent :- G.A. 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., who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :-
"A. Issue a writ, order or direction in the nature of Mandamus, directing the opposite parties (including the newly appointed investigating officer) to ensure and conduct a speedy, fair and proper investigation in Case Crime
No.
0264/2024,
Under
Sections:-191(2), 115(2),352,351(2),333,324B.N.SPolice Station- Katra Bazar, District Gonda within time frame as has been stipulated in section 193 Bhartiya Nagrik Suraksha Sanhita. B. Issue a writ, order or direction in the nature of Mandamus, directing the opposite parties to transfer the investigation of Case Crime No. 0264/2024, Under Sections:-191(2),115(2),352,351(2),333,324B.N.S registered Station-Katra Bazar, District at Police Gonda, and now been conducted by the police of Police Station-Colonel Ganj, District - Gonda, to any independent agency to conduct the fair and proper investigation in the matter and submit its police report as per law within time frame as has been stipulated in section 193 Bhartiya Nagrik Suraksha Sanhita C. Issue a writ order or direction in the nature of Mandamus commanding to directing the opposite party No.3 as well as the Superintendent of Police district Gonda to consider all the aspect of matter and disposed the application dated 16.01.2024 which is given by petitioner to the opposite party no.2. D. Issue a writ, order or direction in the nature of mandamus directing the opposite parties to provide proper protection so the life and liberty of the petitioner may be secure"
3. Learned counsel for the petitioner submits that although the FIR was lodged on 04.07.2024 but no progress has been made in the investigation, therefore this petition has been filed for the aforesaid prayers. 4.
Learned A.G.A. has produced before this Court instructions sent by Sri Sanjeev Chauhan, Inspector, P.S. Katra Bazar, District Gonda, wherein it has been stated that the charge sheet was prepared and submitted to the supervisory authority, who relegated the same, pointing out certain shortcomings and further investigation was carried out and now investigation is completed and charge sheet has again been submitted to the supervisory authority i.e. Circle Officer, Karnelganj, Gonda on
25.12.2024. The instructions are kept on record. 5. The petition is disposed of accordingly. Order Date :- 29.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench