Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 156104 (ALL)

PRAHALAD SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS

CRLP/7219/2025 · 2025-08-18

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:48081-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7219 of 2025 Petitioner :- Prahalad Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Rajeev Kumar Mishra Rudra Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Rajeev Kumar Mishra Rudra, learned counsel for the petitioner and Shri S.N. Tilhari, learned Additional Government Advocate for the State. 2. In view of the proposed order, the notices to opposite party Nos.4 to 8 are hereby dispensed with. 3. By means of this writ petition, the petitioner has prayed for the following relief:- "(i) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party No.2 to transfer the investigation of F.I.R./Case Crime No.0122 of 2020, under Sections 419, 420, 467, 468 & 471 I.P.C., Police Station-Murtiha, District-Bahraich to Crime Branch or C.B., C.I.D., to ensure free, fair and transparent investigation of the aforesaid case, within a period stipulated by this Hon'ble High Court." 4. Notably, the final report in the present case has been set aside by the competent court vide order dated 29.08.2022. Thereafter, further investigation conduced wherein again a final report dated 19.10.2022 had been filed, which was again set aside by the competent court vide order dated 03.03.2025. While setting aside the final report dated 19.10.2022, the learned competent court has observed in so many words that prima-facie some offence/ offences are made out. However, the further investigation is still pending consideration. 5. Learned counsel for the petitioner has stated that since two final reports have been set aside by the learned competent court and the petitioner is apprehending that the Investigating Agency may again likely be filed report having collusion with the private opposite parties. 6. Be that as it may, since the learned competent court at Bahraich has passed a detailed order dated 03.03.2025 setting aside the final report dated 19.10.2022 directing for further investigation, therefore, it may not be presumed that such observations of the competent court would be ignored by the Investigating Officer. However, since further investigation is still pending consideration, therefore, is expected that the police report may be filed strictly in accordance with law by the Investigating Officer. 7. It is made clear that by means of this order, we have not directed the Investigating Agency to submit the charge-sheet or the final report, but we have observed that the police report be filed, that may be the charge-sheet or the final report, but the same may be filed by following due procedure of law. 8. In view of the aforesaid observations and directions, this writ petition is disposed of finally. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan,J.] Order Date :- 18.8.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench