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2025 DAILYLAW 120207 (ALL)

MOHD. MUMSHAD KHAN v. STATE OF U.P. THRU. COMMISSIONER OF POLICE DISTT. LKO. AND ANOTHER

CRLP/796/2025 · 2025-01-28

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5634-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 796 of 2025 Petitioner :- Mohd. Mumshad Khan Respondent :- State Of U.P. Thru. Commissioner Of Police Distt. Lko. And Another Counsel for Petitioner :- Mohammad Irfan Siddiqui 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 :- "I. Issue a writ, order or direction in the nature of mandamus by issuing directions to the opposite party no.1 transfer the investigation to any independent agencies for make proper, fair, impartial and effective investigation in stipulated time in F.I.R. No.0099/2021, under Section- 506, 427, 379, 147 I.P.C., Police Station- Gomtinagar, District Lucknow on 26.03.2021 in the interest of justice, and also provide the security to the petitioner and his family member, first information report is being annexed as Annexure No.-1 to this writ petition. II. Issue a writ, order or direction in the nature of mandamus, commanding the opposite party no.1 to take appropriate action against the investigation officer regarding bribe to take the accused person in the interest of justice." 3. It is the case of the petitioner that the investigation is not being carried out fairly and, therefore, he has made an application to the Commissioner of Police, Lucknow on 20.11.2024, a copy of which is annexed as Annexure No.2 to the writ petition. 4. Learned A.G.A. has produced before this Court instructions sent by Sandeep Thakur, Sub Inspector, P.S. Gomti Nagar Extension, District Lucknow, wherein it has been stated that initially a final report was given to the Supervisory Authority, who has returned the matter for further investigation. 5. The instructions are kept on record. 6. This petition is disposed of without entering into merits of the case with the direction to the Commissioner of Police, Lucknow to look into the grievance of the petitioner and pass an appropriate order within a period of four weeks from the date a copy of this order is produced before him. Order Date :- 28.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench