ANAMIKA MISHRA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 4 OTHERS
CRLP/7581/2025 · 2025-09-10
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157788 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7581 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Shri Anubhav Awasthi, Advocate has filed Vakalatnama on behalf of respondent no. 4 today in Court is taken on record. 2. Heard Shri Arun Kumar Tripathi, learned counsel for petitioner, Shri G.D. Bhatt, learned Additional Government Advocate for the State, Shri Anubhav Awasthi, learned counsel for respondent no. 4 and perused the material avaialble on record. 3. By means of the present writ petition, the petitioner has sought following prayer:-
"i). to issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to transfer the investigation of Case Crime No. 0364 of 2024, under Section 72, 351 (2) of B.N.S. 2023, Police Station Khiron, District Raebareli, ( Annexure No. 1) to some other police station of District Raebareli, in the interest of justice. ii). issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the newly proposed Investigating Officer to conclude the matter expeditiously by investigating the matter fairly and implicating main accused person Tapan Verma for disclosing the identity of victim in her native village as well as with photographs of the applicant/victim, in the interest of justice. iii). issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to investigate the matter through I.T. Cell or cyber cell, so that the justice be done with the petitioner."
4. Shri G.D. Bhatt, learned A.G.A. for the State has produced copy of the instruction/letter dated 10.09.2025, the same is taken on record. Versus Counsel for Petitioner(s) : Arun Kumar Tripathi, Surya Deo Sharma, Yugal Tripathi Counsel for Respondent(s) : G.A. Anamika Mishra .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 4 Others .....Respondent(s)
5. In the aforesaid instructions, it has been stated that the investigation has been completed and pursuant to FIR, charge sheet bearing no. 351/2024 dated 19.11.2024 has been sent to the court concerned. However, in the same letter, it has been indicated that charge sheet has been sent to the supervisory authority and the same shall be sent to the court concerned. 6.
We are unable to understand as to why two different information has been provided by one Krishan Avataar, Sub Inspector, Police Station Khero, District Raebareli vide letter dated 10.09.2025, Inasmuch as, in paragraph no. 5, he has stated that charge sheet has been sent to the court concerned wherein in paragraph no. 6, it has been indicated that charge sheet has been sent to the supervisory authority and the same shall be sent to the court concerned. Therefore, Superintendent of Police, Raebareli is directed to seek explanation from S.I. Krishan Avattar, in the manner under which the information has been provided to the Court. 7. Be that as it may, since investigation has been completed and charge sheet either has been sent to the supervisory authority or to the court concerned, therefore, nothing remains to be adjudicated in the present writ petition. 8. However, liberty is granted to the petitioner to submit a representation/ application before the supervisory authority taking all pleas and grounds which are available to him in respect of her grievance, if the charge sheet has not been sent to the court concerned and if such representation is preferred by the petitioner before the supervisory authority, the appropriate decision shall be taken by him strictly in accordance with law. If the charge sheet has been sent to the court concerned and court concerned has not taken cognizance thereof, the petitioner may file appropriate application before the court concerned taking all pleas and grounds, which are available to her and such application may be disposed of by the learned concerned court strictly in accordance with law. 9. With the aforesaid observations/directions, the writ petition is disposed of finally at the admission stage. 10. Let copy of this order be provided of Superintendent of Police Raebareli for information.
September 10, 2025 Virendra CRLP No. 7581 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench