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2025 DAILYLAW 158669 (ALL)

SHRI KRISHNA @ KISHAN SONI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/7555/2025 · 2025-09-09

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. - 7555 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner and Sri Arun Kumar Pandey, learned AGA for the State-opposite parties no.1 to 3. 2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 3. 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 the opp. Parties concerned to arrest the accused person of F.I.R. dated 02.06.2025 of case crime/F.I.R. No. 0283/2025 under section 316(2), 115(2), 352, 351(2), B.N.S. P.S. Safdarganj District Barabanki and also take the necessary action in respect of grievances of the petitioner raised in the application dated 13.06.2025 contained in Annexure No. 1 to this writ petition in the interest of justice. ii. Issue a writ order or direction in the nature of Mandamus commanding the opp. Parties concerned to protect the life and personal liberty of the petitioner and his family members from the opp. party no. 4 and also take the necessary action against them in the interest of justice." 4. Learned AGA has produced copy of instructions letter dated 06.08.2025 provided by one Sri Sanjay Kumar Gupta, Sub Inspector, Police Station- Safdarganj, District- Barabanki, the same is taken on record. Versus Counsel for Petitioner(s) : Anupam Bajpai, Rakesh Kumar Mishra Counsel for Respondent(s) : G.A. Shri Krishna @ Kishan Soni .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 5. As per the aforesaid instructions, the Investigating Officer is conducting the investigation properly but the prayer of the petitioner to arrest the accused person is not proper inasmuch as the offences under which the FIR has been lodged are having punishment upto seven years. 6. In the wake of aforesaid development and also in the light of the instructions letter dated 06.08.2025, we find that prayer no.i is misconceived. For the prayer no.ii, no direction may be issued inasmuch as if the petitioner has got any grievance, he may approach the competent police authority strictly in accordance with law. It is expected from the Investigating Officer concerned to conduct and conclude the investigation strictly in accordance with law. 7. Accordingly, the present writ petition is consigned to records. September 9, 2025 RBS/- CRLP No. 7555 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench