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2025 DAILYLAW 153413 (ALL)

PRABHAKAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6720/2025 · 2025-07-28

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43246-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6720 of 2025 Petitioner :- Prabhakar Upadhyay Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ravindra Pandey,Vinay Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for petitioner and learned A.G.A. for the State-opposite parties no.1 to 3 and perused the record. 2. The petitioner herein seeks a writ, order or direction in the nature of Mandamus commanding the opposite parties to conduct proper, fair and unbiased investigation in pursuance to the F.I.R. dated 08.07.2025 bearing FIR No.0305 of 2025, under Sections 115(2), 352, 351(2), 110, 191(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Jalalpur, District Ambedkarnagar. 3. The F.IR. has been lodged on 08.07.2025 and the petitioner is aggrieved by the pace of investigation and also says that it is not fair. 4. Without recording any opinion on the merits of the issues involved, the Superintendent of Police, Ambedkarnagar is directed to look into the matter, verify the facts and ensure fair, objective, impartial and prompt investigation in the matter. 5. Even if after intervention of the Superintendent of Police, Ambedkarnagar, the petitioner is not satisfied with the investigation, he can approach the Judicial Magistrate concerned in light of the judgment of the Hon'ble 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. 6. With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 28.7.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench