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2025 DAILYLAW 133179 (ALL)

VIVEK KUMAR GUPTA v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND 4 OTHERS

CRLP/3416/2025 · 2025-04-24

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23595-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3416 of 2025 Petitioner :- Vivek Kumar Gupta Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for petitioner and learned A.G.A. for the State respondents. The petitioner herein seeks a writ, order or direction in the nature of mandamus commanding the opposite party no.2 who may pass necessary direction for fair investigation by some other competent I.O. except to the Investigating Officer of the case in the interest of justice with further prayer to decide the representation dated 12.03.2025. The petitioner is aggrieved by the pace and manner of the investigation. Without recording any opinion on the merits of the issues involved, the Superintendent of Police, District Amethi is directed to look into the matter, verify the facts and ensure fair, objective, impartial and prompt investigation in the matter. Even if after intervention of the Superintendent of Police, Amethi, the petitioner is not satisfied with the investigation, he can approach the Judicial Magistrate concerned in light of the judgment of the Supreme Court rendered in the case of Sakiri Vasu Vs. State of U.P. reported in [(2008) 2 SCC 409] whereupon the Magistrate shall do the needful in light of the aforesaid decision. With the aforesaid observations/directions, the writ petition is disposed of. (Ram Manohar Narayan Mishra,J.) (Vivek Chaudhary,J.) Order Date :- 24.4.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench