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2025 DAILYLAW 159464 (ALL)

USHA VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/8374/2025 · 2025-09-22

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. - 8374 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Amit Kumar Singh, learned counsel for the petitioner and Sri S.N. Tilhari, learned Additional Government Advocate for the State. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(1)to issue a writ, order or direction in the nature of mandamus commanding to the opposite parties to conduct the fair investigation and arrested the accused persons in pursuance of the First Information Report No.104 of 2025 dated 24.05.2025, under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023, Police Station-Sangrampur, District-Amethi, contained in Annexure No.1 to the writ petition. (2) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to transfer the investigation in crime branch for fair investigation." 3. Sri Tilhari has produced a copy of instructions letter dated 25.08.2025 provided by Sri Suresh Chand Yadav, Sub-Inspector, Police Station- Sangrampur, District-Amethi addressing to the learned Government Advocate, High Court, Lucknow. The same is taken on record. 4. As per the aforesaid instructions, initially, the F.I.R. was lodged under Section 103 (1) B.N.S. against unknown person but after conducting the postmortem, the fact emerges that the cause of death was Asphyxia on account of anti-mortem drowning. Therefore, section 103 (1) B.N.S. has been converted into Section 108 B.N.S. and the investigation is going on. Versus Counsel for Petitioner(s) : Amit Kumar Singh Counsel for Respondent(s) : G.A. Usha Vishwakarma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) 5. Sri Tilhari has stated that the investigation is going on properly and it would be concluded strictly in accordance with law and as soon as the investigation would be concluded, the proper police report shall be filed. 6.Having considered the submissions of learned Additional Government Advocate and perusing the instructions provided vide letter dated 25.08.2025, we do not find any good reason to keep this writ petition pending any longer at this stage, but at the same time, we expect from the Investigating Officer to conduct and conclude the investigation, strictly in accordance with law, and after completing the investigation the police report be filed. 7. The writ petition is, therefore, consigned to record. 8. It is needless to say that during course of investigation the petitioner may approach the Investigating Officer for redressal of her grievance, if any. September22,2025 Suresh/ CRLP No. 8374 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