KRIPA SHANKER GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND OTHERS
CRLP/8757/2025 · 2025-09-26
Rajesh Singh Chauhan, S Q H Rizvi
body2025
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[ 2025 DAILYLAW 165017 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165017 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8757 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-respondent no.1 to 3 and Sri Shailendra Singh Rajawat, learned counsel for the respondents-Bank. 2. By means of this petition, the petitioner has prayed following main reliefs:-
"i) issue a writ, order or direction in the nature of Mandamus commanding to opposite parties specially opposite party no. 2 & 3 to conduct the fair investigation in the first Information Report lodged by petitioner on 05.09.2025 in Case Crime No. 0135 of 2025, Under Section 318(4), 319(2), 351(4)BNS & 66D IT Act, Police Station- Cyber crime police station District Lucknow. Contained as (Annexure No. 1) to this writ petition. in the interest of justice; issue any other order or direction in the nature of Mandamus commanding to opposite parties specially opposite party no. 4 & 5 to direct to return the money of petitioner, in the interest of justice."
3. At the very outset, Sri Rajawat, learned counsel for the respondents- Bank has stated that prayer no.2 is not maintainable inasmuch as the petitioner has himself withdrawn the amount and given to the accused persons. 4. The aforesaid submission of Sri Rajawat appears to be correct, therefore, for such relief, the petitioner may avail appropriate remedy Versus Counsel for Petitioner(s) : Krishna Ram Yadav, Monu Counsel for Respondent(s) : G.A., Prashant Kumar Srivastava, Shailendra Singh Rajawat Kripa Shanker Gautam .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others .....Respondent(s)
before the appropriate court of law. 5. So far as prayer no.1 is concerned, as per the aforesaid instructions of learned AGA, the investigation is going on properly and it would be conducted and concluded strictly in accordance with law. 6. Considering the aforesaid submissions of learned counsel for the opposite parties, nothing remains to be adjudicated in this petition. Accordingly, this writ petition is consigned to record. 7. However, it is always open to the petitioner that if the investigation is not conducted and concluded strictly in accordance with law, he may approach the competent authority/ court of law.
September 26, 2025 RBS/- CRLP No. 8757 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench