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2025 DAILYLAW 138170 (ALL)

JITENDRA KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/3876/2025 · 2025-06-05

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34729-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 3876 of 2025 Petitioner :- Jitendra Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Nisha Srivastava Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard. 2. This Court has passed the order dated 26.05.2025, which reads as under:- "A personal affidavit has been filed by the Station House Officer, Police Station Jahangirabad, District Barabanki under the direction of this Court. We are sad to note that the S.H.O. has knowingly and willing has not given the details of the statement of Doctor with regard to the injuries suffered by the victim which alone could indicate as to whether Section 307 I.P.C. (Section 109 of B.N.S., 2023) is required to be added in the case or not, the sole question raised in this case. It appears that the S.H.O. as well as the Investigating Officer of P.S. Jahangirabad, District Barabanki are knowingly and willingly impacting proper investigating of this case. The Superintendent of Police, District Barabanki is directed to file his personal affidavit with regard to the investigation conducted in this case, giving proper details of the investigation and injuries suffered by the victim and also if required take appropriate action against the S.H.O. and the Investigating Officer concerned of P.S. Jahangirabad, District Barabanki. The Superintendent of Police, District Barabanki, shall file his personal affidavit by 05.06.2025, failing which he shall be present in person before this Court along with the entire record. Put up this case on 05.06.2025, amongst top ten cases in the additional cause list." 3. In compliance of the aforesaid order, the Superintendent of Police, Barabanki has filed his personal affidavit, same is taken on record. 4. In para-22 of the personal affidavit, it has been indicated that during investigation Section 110 B.N.S. has been added and chargesheet has been filed before the court concerned on 31.05.2025. 5. Though, the learned counsel for the petitioner has disputed the aforesaid fact by submitting that by 02.06.2025, no charge- sheet was filed. 6. Notably, this is a personal affidavit of the Superintendent of Police concerned dated 04.06.2025, wherein he has indicated this fact that the chargesheet has been filed before the court concerned on 31.05.2025, therefore, there is no reason to disbelieve the aforesaid fact of the Superintendent of Police. If, the aforesaid fact so indicated in the personal affidavit is incorrect, the petitioner may file an appropriate application before the appropriate court of law. 7. Besides, by means of this petition, the free, fair and transparent investigation was prayed and the investigation has been completed, therefore, this is another reason not to keep this petition pending any longer. 8. Accordingly, the writ petition is consigned to record. 9. It is needless to say that the petitioner may take appropriate remedy before the appropriate court of law, if, he feels himself aggrieved from any action or inaction of the part of the opposite parties. Order Date :- 5.6.2025 Reena/- (Ram Manohar Narayan Mishra,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench