Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 166648 (ALL)

MEERA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/9207/2025 · 2025-10-09

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9207 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1.Heard Ms. Harshita Awasthi, learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following prayer:- (i). Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to issue a writ order or direction in nature of mandamus directing and commanding the opposite party no. 1 to 4, to transfer the Investigation of FIR No. 0203/2023, U/S 365 IPC, dated 20/09/2023, police station - Achalganj, District-Unnao to the Crime Branch Criminal investigation Department, U.P. (C.B. C.I.D) or some other independent agency to conduct a fair and impartial investigation. (ii). Issue a writ order or direction in nature of mandamus directing the opposite parties to conduct a fair and impartial investigation of FIR No. 0203/2023, U/S 365 IPC, dated 20/09/2023, police station - Achalganj, District- Unnao. 3. Learned A.G.A. on the basis of instructions received from Sri Janmedai Singh, Sub Inspector, Crime Branch, Raebareli which is placed before this Court and taken on record, has submitted that after investigation the final report no.57 of 2023 dated 12.11.2024 was submitted, which has been rejected by the Chief Judicial Magistrate, Unnao on 04.06.2025 and thereafter the case has been transfered to the crime branch, Raebareli, and accordingly the instructions has been provided by Inspector Crime Branch 4. In view of above, this petition is misconceived and is accordingly dismissed, however liberty is granted to the petitioner 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, if required. October 9, 2025 Shahnaz Versus Counsel for Petitioner(s) : Sandhya Dubey, Harshita Awasthi, Padma Narayan Dubey Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Meera Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench