AMIT KUMAR GAUTAM @ AMIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
/6947/2025 · 2025-08-05
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DailyLaw.ai
[ 2025 DAILYLAW 155332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155332 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45290-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6947 of 2025 Petitioner :- Amit Kumar Gautam @ Amit Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Jyoti Tripathi,Ajeet Kumar,Avinash Shukla Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. 2. Heard Sri Abhay Singh, advocate, holding brief of Ms. Jyoti Tripathi, learned counsel for the petitioner and Sri G. D. Bhatt, learned A.G.A. for the State. 3. In view of the proposed order being passed, notices to the respondents No. 5 to 9 are hereby dispensed with. 4. This petition has been filed with the following main prayer(s):
"(a) issue a writ, order or direction in the nature of Mandamus commanding and directing to opposite party no. 2 to 4 to ensure the safety and security of the petitioner and his family members from the culprits of FIR No. 0307 of 2025, U/s-191(2), 191(3), 115(2), 118(1), 351(3) BNS- 2023, P.S. Kotwali Dehat, District Gonda on the condition that the petitioner shall bear the expenses/cost as per the norms prescribed by the State Government by providing adequate police protection considering the grave and imminent threat to the life and liberty of the petitioner and his family members, as guaranteed under Article 21 of the Constitution of India, in the interest of justice. (b) issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite party no. 2 to 4 to transfer the investigation of FIR No. 0307 of 2025, U/s- 191(2), 191(3), 115(2), 118(1), 351(3) BNS-2023, P.S. Kotwali Dehat, District Gonda to an independent agency like CB-CID/SIT to ensure a fair and impartial investigation, in the interest of justice."
5. Sri G. D. Bhatt, learned A.G.A. has shown a copy of instruction letter dated 31.07.2025 provided by Sri Prashant Shukla, Sub Inspector, Police Station Kotwali Dehat, District Gonda, wherein this fact has been indicated that in the present
case, an FIR has been lodged against both the sides and the police is doing investigation strictly in accordance with law by recording statements of concerning parties.
Sri Bhatt has further submitted on the basis of specific instructions from the Investigating Officer that the Sri Prashant Shukla, Sub Inspector, Police Station Kotwali Dehat, District Gonda undertakes that he shall abide by the rules and procedures so provided under the law and after conducting proper and thorough investigation, the police report may be filed. 7. Learned counsel for the petitioner has, however, reiterated his submission that the safety and security of the petitioner and his family members has not been taken into account but he could not show any specific material to substantiate his aforesaid argument. Besides, the learned counsel for the petitioner could not substantiate any material or evidence in support of the prayer No. 2, as to why the investigation may be transferred to another agency. 8. Therefore, without entering into the merits of the issue, we hereby dispose of this petition finally at the admission stage directing the police authority to conduct and conclude the investigation strictly in accordance with law and police report by filed following the procedure. 9. It is also needless to say that if the petitioner approaches the competent authority of the police in respect of seeking proper security, such grievance of the petitioner may be considered strictly in accordance with law but no direction to that effect may be issued at this stage. 10. With the aforesaid observations and directions, the writ petition stands disposed of. Order Date :- 5.8.2025 (Manoj K.) (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J. Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench