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2025 DAILYLAW 160518 (ALL)

SMT. NISHAT FATIMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/8053/2025 · 2025-09-03

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8053 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. Heard Shri Rajesh Kumar, learned counsel for the petitioner and learned AGA for the State. This petition has been filed for a direction for transfer of the investigation to any other agency for investigation on the basis of impugned F.I.R. lodged by the petitioner on 21.07.2025 under Sections 103(1), 238, 352 and 351(2) BNS, 2023, Police Station Deva, District Barabanki. The sole argument advanced by learned counsel for the petitioner is that since F.I.R. of the petitioner was not lodged at the police station and it could only be lodged through court by filing an application under Section 173(4) BNS, 2023, therefore, the investigation will also be not done properly and impartially. Learned AGA for the State submits that the investigation is going on and opposed the submissions of learned counsel for the petitioner. Having considered the submission(s) of learned counsel for the parties, the ground taken by the petitioner is not sustainable for the reason that merely because the F.I.R. has been lodged through court, it cannot be said that the investigation will not be done properly and impartially. The petition is liable to be dismissed. Versus Counsel for Petitioner(s) : Rajesh Kumar, Sanat Singh Counsel for Respondent(s) : G.A. Smt. Nishat Fatima .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) The petition is, accordingly, dismissed. However, the Investigation Officer is directed to conclude the investigation expeditiously and strictly in accordance with law. September 3, 2025 Raj CRLP No. 8053 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench