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2025 DAILYLAW 143793 (ALL)

VINDHYACHAL SHARMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/4832/2025 · 2025-05-30

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34057-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 4832 of 2025 Petitioner :- Vindhyachal Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Vinai Kumar Bhatt,Pushpendra Sahay Saxena Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for petitioner and learned A.G.A. for the State respondents. 2. The instant writ petition has been filed by the petitioner seeking following reliefs :- "I. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to transfer the Case Crime No.0338 of 2024, under Section 326(g) BNS, Police Station Dhanepur, District Gonda, to any other police station, District Gonda. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to fair investigation of the aforesaid case crime." 3. The informant/complaint, Sanjay Kumar Sharma has lodged the F.IR. on 24.12.2024 against petitioner, co-accused Pradeep Kumar and two other unknown accused persons. Hence, the petitioner has come up before this Court for fair investigation of the aforesaid case. 4. Without recording any opinion on the merits of the issues involved, the Superintendent of Police, District Gonda is directed to look into the matter, verify the facts and ensure fair, objective, impartial and prompt investigation in the matter. 5. Even if after intervention of the Superintendent of Police, Gonda, 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. 6. With the aforesaid observations/directions, the writ petition is disposed of. (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 30.5.2025/Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench