MAHIMA VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
CRLP/852/2025 · 2025-01-30
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120353 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120353 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6404-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 852 of 2025 Petitioner :- Mahima Vishwakarma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Rakesh Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard the learned counsel for the petitioner and the learned A.G.A. who appears on behalf of the State- respondents nos.1 to 5. 2. This petition has been filed by the petitioner for the following main prayers:-
"i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to transfer investigation to another Circle Officer of Police or Independent Investigating Agency for conduct fair speedy and proper investigation of Case Crime No.009 of 2025, under Sections 309(6), 109, 115(2), 351(3), 352, 296 of B.N.S. dated 19.01.2025 at Police Station Ramganj, District Amethi, in order to meets the ends of substantial justice. ii) Issue a writ order or direction in the nature of Mandamus and commanding /directing to the specially opposite party no2., initiate inquiry in the matter against SHO of Police Station Ramganj, District Amethi, and take appropriate action against the Opposite party nos.3 and 4 for illegally action in favour of accused in FIR No.009 of 2025, under Sections 309(6), 109, 115(2), 351(3), 352, 296 of B.N.S. dated 19.01.2025 at Police Station Ramganj, District Amethi."
3. Learned A.G.A. on the basis of instructions sent by Shri Ramkaran Prasad, the Sub-Inspector of Police Station Ramganj, District Amethi, says that during the course of investigation Sections 309(6)/109 of B.N.S. have been dropped and investigation is being carried out only under Sections 115(2), 351(3), 352 and 296 of B.N.S.
4. The instructions are kept on record. 5. Learned counsel for the petitioner says that the petitioner is not satisfied with the bail plea and investigation is progressing and she has therefore, filed an application for transfer of investigation before the Superintendent of Police, Amethi, dated 23.01.2025, a copy of which has been filed as Annexure No.7 to the petition. 6.
Without entering into the merits of the case, this petition is disposed of with a direction to the Superintendent of Police, Amethi, to look into the grievance of the petitioner and after seeking comments of the Investigating Officer/ S.H.O. of the Police Station Ramganj, District Amethi, pass an appropriate order within four weeks from the date a certified copy of this order is produced before him. Order Date :- 30.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench