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2025 DAILYLAW 157982 (ALL)

TEKRAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

CRLP/7538/2025 · 2025-09-18

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7538 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard. 2. This Court has passed the order dated 02.09.2025 which reads as under: "1. Heard Mohd. Arshad, Advocate, holding brief of Sri Suyesh Pradhan, learned counsel for the petitioner, Sri S.N. Tilhari, learned Additional Government Advocate for the State respondent and perused the record. 2. By means of this writ petition, the petitioner has assailed the following reliefs: "(I) to issue a writ, order or direction in the nature of mandamus directing/commanding the state respondents concerned to entrust the investigation of the present case which is First Information Report dated 24/07/2025, registered as F.I.R No- 375 of 2025, under section: 137 (2) B.N.S, Police Station: Biswan, District:- Sitapur, Uttar Pradesh to any investigation agency such as (Crime Branch, Crime Investigation Department) C.B-C.I.D, Lucknow or any other agency so that a fair and impartial investigation may be carried out in interest of justice; (II). to issue a writ, order or direction in the nature of mandamus directing/commanding the concerned investigating agency to complete the investigation within a time bound period as directed by this Hon'ble Court and or submit a progress report of the investigation before this Hon'ble Court within three months or as directed by this Hon'ble Court; (III) to issue a writ, order or direction in the nature of mandamus directing/commanding the concerned investigating agency to conduct free/fair and speedy investigation and for effectuating arrest of private opposite parties who are involved in present case as for reasons stated in this present writ petition." Versus Counsel for Petitioner(s) : Suyesh Pradhan Counsel for Respondent(s) : G.A. Tekram .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Respondent(s) 3. Considering the seriousness of the issue, we find it appropriate that the opposite party no. 3-Station House Officer, Biswan, District Sitapur, shall file his personal affidavit indicating categorically status and stage of the investigation and also as to why the missing young girl of 17 years has not been traced out till date. 4. List this case on 18.09.2025. 5. If the personal affidavit is not filed by the next date of listing, the opposite party no. 3-Station House Officer, Biswan, District Sitapur, shall appear in person before this Court." 3. Learned A.G.A. for the State-respondents has filed personal affidavit of Mr. Mukul Prakash Verma, Inspector In-charge, Police Station- Biswan, District- Sitapur, which is taken on record. 4. As per the aforesaid personal affidavit, the investigation has been completed as the statement of the prosecutrix under Section 180 BNSS & 183 BNSS has been recorded wherein she has denied the prosecution version and the allegation of the F.I.R. In Para 8 of the personal affidavit, it has been indicated that the prosecutrix has got married with one Vivek. After considering the aforesaid fact, the police has filed final report in the matter. 5. In the wake of aforesaid development, nothing remains to be adjudicated in the present writ petition, therefore, the present writ petition is consigned to the records. 6. However, it is always open for the petitioner to file appropriate application before the competent authority/ court of law against the final report, if it is so advised. September 18, 2025 (Manoj K.) CRLP No. 7538 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench