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2025 DAILYLAW 125176 (ALL)

RAKESH MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND OTHERS

CRLP/1625/2025 · 2025-03-04

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12917-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1625 of 2025 Petitioner :- Rakesh Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Others Counsel for Petitioner :- Alok Singh,Prabhat Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for petitioner and learned A.G.A. for the State. This petition seeks issuance of a writ in the nature of mandamus commanding the opposite parties no.1 to 3 to transfer the investigation of Case Crime No.139 of 2024, under Sections 147,148,323,324,504,506,307,308,394,120-B I.P.C., Police Station Sarpataha, District Jaunpur to any other investigating agency. Learned A.G.A. has raised a preliminary objection that the petitioner has already filed a writ petition bearing Criminal Misc. Writ Petition No.19695 of 2024 (Rakesh Mishra Vs. State of U.P. & others) at Allahabad and with the same prayer the present writ petition is filed. After arguing at some length, learned counsel for petitioner prays to withdraw present writ petition with liberty to take appropriate proceedings before the appropriate Court as permissible under the law. Accordingly, the writ petition is consigned to record as withdrawn with the liberty as prayed above. (Brij Raj Singh, J.) (Vivek Chaudhary,J.) Order Date :- 4.3.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench