PRADEEP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS
CRLP/7265/2025 · 2025-08-19
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156768 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156768 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48484-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7265 of 2025 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Avnish Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Avnish Kumar Tiwari, learned counsel for the petitioner and Sri Bhanu Pratap Singh, learned AGA for the State-opposite parties no.1, 2 & 3. 2. By means of this petition, the petitioner has prayed following main reliefs:- (I) Issue a writ, order or direction in the nature of MANDAMUS commanding to opposite parties specially opposite party no. 3 to conduct fair and proper investigation of the Case Crime No. 37/2025, under section 318(4) B.N.S., Police Station Gudamba, District Lucknow, contained as Annexure No.1 to this writ petition. (II) Issue a writ, order or direction in the nature of MANDAMUS commanding to opposite parties specially opposite party no.2 for transferring the investigation to any other agencies/police station of Case Crime No.37/2025, under section 318(4) B.N.S., Police Station Gudamba, District Lucknow."
3. Learned counsel for the petitioner has stated that till date, statement of the petitioner has not been recorded by the Investigating Officer. 4. Sri Bhanu Pratap Singh, learned AGA, has shown instructions letter dated 11.08.2025 provided by one Jilajeet Yadav, Sub Inspector, Police Station- Gudamba, District- Lucknow addressing to the Government Advocate of this Court indicating therein that the allegations are serious and credible evidence has been noted from other State also, therefore, investigation is still going on. The aforesaid instructions letter is taken on record. 5. Learned AGA has informed, on the basis of instructions, that the Investigating Officer shall conduct and conclude the investigation strictly in accordance with law following the due
procedure. 6. Having considered the aforesaid submissions of learned counsel for the parties, we do not find any good reason to keep this petition pending any longer but at the same time, we are having expectation that the Investigating Officer concerned shall conduct and conclude the investigation, strictly in accordance with law, by following the procedure so prescribed. As soon as the investigation is completed, police report may be filed. 7.
The petitioner is directed to appear before the Investigating Officer concerned on 22.08.2025 at 11:00 A.M. to record his statement and the Investigating Officer shall record his statement, if the same has not been recorded till date. The petitioner shall also cooperate in the investigation properly inasmuch as without proper cooperation of the informant/ complainant, the investigation may not be completed properly. 8. It is needless to say that if the investigation is not conducted and concluded in terms of the aforesaid expectation, liberty is given to the petitioner to approach this Court again for redressal of his grievance. 9. The writ petition is accordingly disposed of. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.] Order Date :- 19.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench