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2025 DAILYLAW 163171 (ALL)

SHER MOHAMMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

/8534/2025 · 2025-09-23

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8534 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Ms. Smriti, 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 thereby commanding the Opp. 2 & 3 to conduct fair and proper investigation of the case noted at FIR No.120/2025, U/s 85, 80(2) B.N.S. & 3/4 D.P. Act, Police Station Madhoganj, District Hardoi on 19.05.2025 and to take necessary action against named accused persons (Opposite Party No.4, 6, 7, 8) & to arrest them for committing the such offence, as contained in Annexure No.1 to this petition." 3. Learned counsel for the petitioner submits that the F.I.R. was lodged on 19.05.2025, but till date, investigation has not been concluded. 4. Per contra, learned A.G.A. for the State, on the basis of instructions, 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., Hardoi to ensure that the investigation is concluded expeditiously, failing which, the petitioner shall have liberty to approach the concerned Magistrate in view of judgment of the Hon'ble Supreme Versus Counsel for Petitioner(s) : Smriti Counsel for Respondent(s) : G.A. Sher Mohammad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) Court rendered in the case of Sakiri Vasu vs. State of Uttar Pradesh and others; (2008) 2 SCC 409. September 23, 2025 Saurabh CRLP No. 8534 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench