BISATI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/8230/2025 · 2025-09-15
Rajeev Singh, Rajnish Kumar
body2025
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[ 2025 DAILYLAW 161599 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161599 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8230 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Shri Virech Shakti Pandey, learned counsel for the petitioner and learned A.G.A. for the State.
2. This petition has been filed with following main prayer:-
"i) Issue a writ, order, or direction in the nature of Mandamus, commanding to the opposite parties to conduct the investigation in free, fair and in the light of the written complaint dated 19.05.2025 (Annexure No.1), in the First Information Report dated 30.06.2025, bearing No.0225 of 2025, under Sections 67 of the Information Technology (Amendment) Act, 2008, Police Station-Nawabganj, District-Gonda, lodged by the petitioner, in a time-bound manner; ii) Issue a writ, order, or direction in the nature of Mandamus, commanding the respondent/opposite parties to transfer the investigation to the crime branch or to any other police station; iii) Issue a writ, order, or direction in the nature of Mandamus, commanding the opposite party no.2, to initiate the disciplinary proceedings against the erring police officers regarding insubordination and dereliction of duty mandated under the law; iv) Issue any other, writ, order, or direction, which this Hon'ble High Court may deem fit and proper in the circumstances of the case."
3. Learned counsel for the petitioner submits that the F.I.R. was lodged on 30.06.2025, but till date, investigation has not been concluded.
4. Per contra, learned A.G.A. for the State, on the basis of instructions, Versus Counsel for Petitioner(s) : Virech Shakti Pandey, Akash Mishra Counsel for Respondent(s) : G.A. Bisati .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s)
submits that the investigation is going on. He further submits that the investigation shall be concluded expeditiously.
5. In view of above, this petition is disposed of with direction to the S.S.P./S.P., Gonda to ensure that the investigation is concluded expeditiously and police report is submitted, failing which, the petitioner shall have liberty to approach the concerned Magistrate in view of judgment of the Hon'ble Supreme Court rendered in the case of Sakiri Vasu vs. State of Uttar Pradesh and others; (2008) 2 SCC 409. September 15, 2025 Banswar CRLP No. 8230 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench