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2025 DAILYLAW 154853 (ALL)

VISHAL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

CRLP/6940/2025 · 2025-08-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44725-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6940 of 2025 Petitioner :- Vishal Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Ashok Kumar Srivastava,Avinash Srivastava,Pragya Bhushan 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 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. No.216 of 2025, under Sections 80, 85 of Bharatiya Nyaya Sanhita, 2023, and Section 3/4 of Dowry Prohibition Act, Police Station Sarojininagar, District Lucknow South (Commissionerate Lucknow). 3. The F.IR. has been lodged on 25.6.2025 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 Commissioner of Police, Lucknow 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 Commission of Police, Lucknow, 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 :- 1.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench