SAURABH AWASTHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5375/2025 · 2025-06-25
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147250 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147250 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36323-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5375 of 2025 Petitioner :- Saurabh Awasthi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Amrendra Kumar,Neeraj Kumar Baghel,Shiv Sagar Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State respondent and perused the material brought on record.
2. The present petition has been filed by the petitioner with the following prayer:
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to transfer the investigation of Case Crime No. 60/2025, under Section 103(1) BNS, Police Station Jankipuram, District Lucknow to another police station of District Lucknow or any independent agency for making free and fair investigation in the matter so that the petitioner could get justice."
3. The submission of the counsel for the petitioner is that the investigation being carried in Case Crime No. 60/2025 is not being done fairly and as such, the same should be transferred to any other agency for fair investigation.
4. Learned A.G.A. based upon instructions states that the information was lodged by the father of the petitioner and subsequent he has died. It is stated that the petitioner was called twice for recording of the statement but he is not cooperating. The said fact is disputed by the counsel for the petitioner.
5. Without going to the rival contention, the
present petition is disposed off directing the petitioner to appear before the Investigating Officer of the Case Crime No. 60 of 2025 on 07.07.2025 at 12 Noon for recording of the statement. After the recording of the statement, the investigation shall be done fairly and shall be concluded with all expedition. {Kshitij Shailendra,J.} {Pankaj Bhatia, J.} Order Date :- 25.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench