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2025 DAILYLAW 158249 (ALL)

TAHIR HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME GOVT. OF U.P. LKO. AND OTHERS

CRLP/7505/2025 · 2025-09-03

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. - 7505 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1.Heard Mr. Shamshad Ahmad Khan, learned counsel for the petitioner and Ms. Ankita Tripathi, learned Additional Government Advocate for the State- opposite parties. 2.In view of the order proposed to be passed, the notices to opposite party Nos.7 to 13 are hereby dispensed with. 3.By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties No.1 to 4 for fair, expeditious and proper investigation in Crime No.0363 of 2025 registered under Sections 191(2), 115(2), 352 & 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station-Thakurganj, District-Lucknow. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party Nos.1 to 4 to protect the life and personal liberty of the petitioner and provide adequate security to the petitioner and his family to save their life. (iii) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties No.1 to 4 to hold fair and impartial enquiry and punish the guilty police personnel in accordance with law. (iv) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties No.1 to 4 to arrest the accused persons and his accomplices in Case Crime No.0363 of 2025, PS-Thakurganj, District-Lucknow West (Commissionerate Lucknow)." Versus Counsel for Petitioner(s) : Shamshad Ahmad Khan Counsel for Respondent(s) : G.A. Tahir Husain .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt. Of U.P. Lko. And Others .....Respondent(s) 4.Ms. Tripathi, learned Additional Government Advocate has produced a copy of instructions letter dated 18.08.2025 provided by Shri Amit Kumar Sahu, Sub-Inspector, Police Station-Madiaon, District-Lucknow addressing to the Government Advocate, High Court, Lucknow. The same is taken on record. 5.As per the aforesaid instructions, after lodging the impugned F.I.R. the investigation is being conducted strictly in accordance with law and the police report shall be filed with expedition. 6. Having considered the submissions of learned counsel for the parties and considering the fact that the offences on which the impugned F.I.R. has been lodged, are having punishment less than seven years and the impugned F.I.R. has been lodged on 03.06.2025, therefore, it is expected that the investigation may be conducted and concluded with expedition strictly in accordance with law. 7. In view of the aforesaid terms, the instant writ petition is disposed of finally. September 3,2025 Suresh/ CRLP No. 7505 of 2025 2 Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench