RAM KRISHAN JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/5796/2025 · 2025-07-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148611 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5796 of 2025 Petitioner :- Ram Krishan Jaiswal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Siddhartha Kumar,Shreet Raj Jaiswal Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. This petition seeks issuance of direction in the nature of mandamus commanding the respondent nos. 2 to 4 to make proper fair and speedy investigation based on above-mentioned facts in the F.I.R./Case Crime No.0537 of 2023, for the offence under Sections 419, 420, 468, 471 IPC., registered at Police Station Kotwali Sadar, District Lakhimpur Kheri against the respondent nos.5 to 12 within stipulated time frame.
3. Learned counsel for the petitioner has placed reliance upon the
order dated 30.05.2024 passed in Case No.1516 of 2023 passed by Chief Judicial Magistrate, Lakhimpur Kheri rejecting the final report submitted by the Investigating Officer and directing him to further investigate the matter on accepting of the protest petition filed by the petitioner.
4. Learned AGA has placed before this Court the instructions sent by Shri Pashupati Nath Tiwari, Sub-Inspector, Police Station Kotwali Sadar, Khiri, which is kept on record, wherein it has been stated that initially Final report no.194 of 2023 was submitted on 23.08.2023 but the Chief Judicial Magistrate had rejected the final report and directed further investigation in the matter. Thereafter, the investigation was handed over to Shri Pashupati Nath Tiwari, who had issued 33 parches till date and the investigation is still going on.
5. Without recording any opinion on the merits of the issues involved, the Superintendent of Police, Khiri, is directed to look into the matter, verify the facts and ensure fair, objective, impartial and prompt investigation in the matter.
6. Even if after intervention of the Superintendent of Police, Khiri, 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.
7. With the aforesaid observations/directions, the writ petition is
disposed of.
Order Date :- 1.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench