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2025 DAILYLAW 148451 (ALL)

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

CRLP/5757/2025 · 2025-06-27

Alok Mathur, Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36726-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5757 of 2025 Petitioner :- Mainawati Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ajeet Kumar Mishra,Mrs.Shashi Mishra Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Alok Kumar Mishra, Advocate holding brief of Sri Ajeet Kumar Mishra, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. The petitioner in the present writ petition has made following prayer :- "i) Issue writ, order or direction in the nature of mandamus commanding the concerned opposite parties are liable to be directed to consider the case of petitioner and ensure the fair and speedy investigation of Case Crime No. 128/2025 under section 87, 137(2) of B.N.S., Police Station Kaudiya, District Gonda and further direct the Investigation Officer to recover the victim as earliest possible, in the interest of justice. ii) Any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed." 3. Learned counsel for the petitioner has submitted that after filing of present writ petition the prosecutrix has been recovered and the matter is still under investigation. He submits that petitioner does not want to press the present writ petition, subject to condition that the Police may be directed to conduct fair investigation. 4. Learned A.G.A. does not oppose the writ petition. 5. Considering the fact that prosecutrix has been recovered, no further directions can be passed in the present writ petition. Accordingly, present writ petition is dismissed as infructuous. 6. However, it is needless to observe that the Police shall conduct fair investigation in the matter, in accordance with law. Order Date :- 27.6.2025 A. Verma (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench