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2025 DAILYLAW 149541 (ALL)

AKRAM ALI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND OTHERS

CRLP/5925/2025 · 2025-07-08

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38876-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5925 of 2025 Petitioner :- Akram Ali Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Others Counsel for Petitioner :- Akash Deep Singh,Abhishek Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. By means of this petition, the petitioner has prayed for the following two main reliefs : "(i). issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to take into observation to do a just, fair and proper investigation on the application/complaint of the petitioner dated 08/09-07-2024 and 13.08.2024 & other representations contained in Annexure No.1 and 5 to this writ petition within a period as fixed by this Hon'ble Court, in the interest of justice. (ii). issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party no.2 to take into observation and appoint through a Special Cell SPECIAL INVESTIGATION TEAM (S.I.T.) / SPECIAL TASK FORCE(S.T.F.) for the proper Investigation and take necessary action in accordance with law against the accused and made the process of arrest, as per the law laid down by the Hon'ble Supreme Court in case that "Accordingly, courts have no option except to receive the mélange and proceed. But the courts are not as barehanded as perceived. Precedents lately have acknowledged that Courts are not the mute spectators as they definitely possess the power to monitor and supervise the Investigation (Sakiri Wasu v/s State of UP)", in the interest of justice." 3. Learned AGA has made preliminary objection regarding the maintainability of the writ petition and had refereed to page 44 of the paper book which is Annexure 4 to the writ petition. It contains copy of the order dated 03.05.2025 passed by the Chief Judicial Magistrate, Ayodhya in Misc.Case No.270 of 2020 where a final report submitted by the Investigating Officer has been accepted and protest petition filed by the petitioner has been rejected. The petitioner has not challenged the order dated 03.05.2025 before the appropriate forum and has straightway come before this court by filing this writ petition. 4. This writ petition is not maintainable in which manner it has been drafted. 5. The writ petition is dismissed. 6. The certified copy of all the documents that has been filed by the petitioner shall be returned to him by the registry after retaining the photocopy of the same. Order Date :- 8.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench