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2025 DAILYLAW 141673 (ALL)

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

CRLP/4498/2025 · 2025-08-18

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48178-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4498 of 2025 Petitioner :- Anamika Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- In Person Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Ms. Anamika Mishra, who appeared in person, Sri G.D. Bhatt, learned Additional Government Advocate for the State respondent and perused the record. 2. By means of this writ petition, the petitioner has assailed the following prayer:- "(I) Issue writ order or direction in the nature of mandamus commanding the opposite parties to investigate the matter fairly and after completion of the investigation charge sheet be filed. (II) Issue a suitable writ order or direction which this Hon'ble may deem proper fit and proper under the fact and circumstances of the case in favour of the petitioner. (III) It is further prayed that this Hon'ble Court may kindly be pleased to investigate the matter fairly and filed the chargesheet against the 3 accused persons and to correct the paper number-5 and also direction that find out that whose number in 9044627715." 3. Ms. Anamika Mishra, the petitioner in person, has stated that the Investigating Officer has not conducted the investigation strictly in accordance with law and procedure so prescribed. 4. Sri G.D. Bhatt, learned A.G.A. appearing on behalf of the State respondent has produced the copy of instruction dated 18.08.2025 provided by one Yamuna Prasad Pandey, Sub Inspector, Police Station Safdarganj, District Barabanki, addressing to the Government Advocate of this Court indicating therein that after conducting the proper investigation, charge- sheet has been submitted before the Supervisory Authority. The aforesaid investigation completed on 24.06.2025. The copy of instruction is taken on record. 5. After perusing the aforesaid instruction, prima facie, it appears that charge-sheet has not been produced/submitted before the learned trial Court. 6. Ms. Anamika Mishra has further stated that she has got some relevant material/evidence, which has not been taken into account during the course of investigation and as per her information, charge sheet has not been filed before the learned Trial Court. She has stated that those materials/evidences are necessary to be taken into account in the interest of justice. 7. Be that as it may, if investigation has been completed on 24.06.2025 and the charge sheet has been produced before the Supervisor Authority, then the prayer so made in the present writ petition may not be granted rather the same has been rendered infructous. However, if the petitioner is having some relevant/material evidence and those evidence/material are said to have not been considered by the Investigation Officer, she may produce the same before the Supervisory Authority within a period of one week from today and if such police report has not been produced before the learned trial Court, the Circle Officer/Supervisory Authority may peruse and consider those material/evidence strictly in accordance with law and needful exercise may be carried out by him and appropriate orders may be passed in conformity with law. 8. Since the relief prayed in the writ petition may not be granted considering the aforesaid facts and circumstances, therefore, the present writ petition is consigned to the records. It is needless to say that the petitioner may approach the competent Court of law for redressal of her grievance, if any. 9. The writ petition is disposed of in terms of the above. (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Order Date :- 18.8.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench