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2025 DAILYLAW 147299 (ALL)

SUNILA PATEL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/5385/2025 · 2025-06-23

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36047-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5385 of 2025 Petitioner :- Sunila Patel Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sumit Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the parties and perused the material on record. 2. The present petition has been filed with a prayer to transfer the investigation in relation to FIR registered at Case Crime No. 0046 of 2024, under Sections 323, 354, 504 IPC, P.S. Delhupur, District Pratapgarh. 3. Learned counsel for the petitioner submits that, earlier, the petitioner had approached this Court by filing Criminal Misc. Writ Petition No. 3739 of 2024, however, when the charge sheet was submitted, there were certain shortcomings therein and, consequently, the petitioner has again approached this Court for appropriate relief. 4. Learned counsel has referred to an order dated 12.02.2025 whereby learned Magistrate has directed for further investigation. 5. Submission has been made that even after the said order has been passed, proper investigation is not being concluded by the I.O. 6. Learned AGA submits that there is no material on record to grant prayer for transfer of investigation and, therefore, the petition has no substance. 7. We are of the view that once learned Magistrate has already directed for further investigation, no ground for transfer of investigation stands made out as foundational requirements and material in that regard are lacking. 8. The petition has no merit and is, accordingly, dismissed. Order Date :- 23.6.2025 AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench