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2025 DAILYLAW 142235 (ALL)

RINKI YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND OTHERS

CRLP/4597/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37295-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4597 of 2025 Petitioner :- Rinki Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed with the following main prayers:- "(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties concern to transfer the investigation from any independent agency except to concern police and take the legal necessary action for conducting fair proper and impartial Investigation in pursuance of the first information report lodged by the petitioner on 13.10.2024 at 13:05 hours vide F.I.R No.428 of 2024 Under Section-70(1), 140(3), 87 B.N.S. Police Station-Tambour, District-Sitapur, as contained in Annexure No.1 to this writ petition. (ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the opposite parties to take legal and necessary action according with law against the opposite parties concern and further direct the opposite parties to conduct the fair proper and impartial investigation in F.I.R No.428 of 2024 Under Section-70(1), 140(3), 87 B.N.S. Police Station-Tambour, District-Sitapur, as contained in Annexure No.1 to this writ petition." 3. Learned A.G.A. for the State has filed a short counter affidavit, which is taken on record. He has submitted on the basis of short counter affidavit that the investigation has been concluded and the charge-sheet was prepared on 30.3.2025 and has been sent to supervisory authority. 4. Since the charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the Charge-sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. 5. The writ petition is dismissed with liberty to the petitioners to approach the Competent Court/authority for raising grievances, if any, to the Charge-sheet. Order Date :- 2.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench