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2025 DAILYLAW 16327 (ALL)

SURENDRA MATA PRASAD GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLP/2429/2025 · 2025-02-10

Mohd Azhar Husain Idrisi, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18988-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 2429 of 2025 Petitioner :- Surendra Mata Prasad Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. The instant writ petition has been filed by the petitioner for the following relief: "(i) issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2, 3 and 4 to conclude the fair investigation in pursuance of first information report dated 15.03.2024 registered as Case Crime No. 20 of 2024, under Section 420 I.P.C. and 66D Information Technology (Amended) Act, 2008, P. S. Cyber Crime Kanpur, District- Kanpur Nagar. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondent authority to call the progress report from the Police Station- Cyber Crime Kanpur, District- Kanpur Nagar, in pursuance of the Crime No. 20 of 2024, under Section 420 I.P.C. and 66D Information Technology (Amended) Act, 2008, P. S. Cyber Crime Kanpur, District- Kanpur Nagar. (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) award the cost of the writ petition to the petitioner." 3. Learned counsel for the petitioner submits that the petitioner is the first informant in the present case and though the FIR in the instant case has been registered on 15.03.2024, yet the police is not investigating the case in fair and impartial manner. 4. In view of the above, the petitioner may move an application before the Police Commissioner, District Kanpur Nagar, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the Police Commissioner, District Kanpur Nagar, the Police Commissioner, District Kanpur Nagar/respondent no. 2 shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present petition stands disposed of. Order Date :- 10.2.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad