ASHWANI KUMAR AGARWAL v. STATE OF U.P. AND 4 OTHERS
CRLP/2248/2025 · 2025-02-13
Mahesh Chandra Tripathi, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15605 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20845-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2248 of 2025 Petitioner :- Ashwani Kumar Agarwal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Malay Prasad,Sudhanshu Srivastava Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard Saloni Mathur and Malay Prasad, learned counsel for the petitioner and learned A.G.A. for the State respondents.
2. The instant writ petition is preferred for direction to the respondents to ensure fair, impartial and proper investigation of the Case Crime No.409 of 2023, under Sections 506, 307, 341 I.P.C., Police Station- Kotwali, District- Bulandshahr.
3. Ms. Saloni Mathur, learned counsel for the petitioner vehemently contended that the impugned FIR was lodged way back on 28.07.2023. Initially, the final report was preferred but the same was not accepted and the concerned Circle Officer had
directed for further investigation in the matter. She further apprised that later on, the investigation was transferred to the Crime Branch of the State police. Learned counsel for the petitioner submits that at this stage she is confined her prayer that the suitable direction be issued to the concerned Crime Branch Department for ensuring free and fair investigation in the instant matter.
4. Learned A.G.A. submits that the police authorities are under obligation to do the investigation fairly, impartially and expeditiously. He apprised to the Court that the investigation is going on and the same would be concluded at the earliest, in accordance with law.
5. The present petition is disposed of directing that the investigation to be concluded by the Investigating Officer under the supervision of competence officers of the Crime Branch of the State Police, fairly, impartially and expeditiously, preferably within sixty days from the date of production of a certified copy of this order before them.
6. It is made clear that this Court has not expressed any opinion on the merits of the case and the Competent Authority/Investigating Officer is to act in accordance with law.
Order Date :- 13.2.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad