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2025 DAILYLAW 16844 (ALL)

GAYA DEEN v. STATE OF U.P. AND 5 OTHERS

CRLP/2543/2025 · 2025-02-10

Mohd Azhar Husain Idrisi, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19497-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 2543 of 2025 Petitioner :- Gaya Deen Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anoj Kumar Mishra 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 writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to arrest the respondent nos. 4 to 6 immediately because they have committed cognizable offence and investigating officer may be summoned before this Court to submit the progress report of the FIR dated 18.01.2025 registered as Case Crime No. 10 of 2025, under sections 85, 108 BNS and Section 3/4 of D.P. Act, Police Station Barsathi, District Jaunpur. (ii) issue writ order or direction, in the nature of mandamus directing the respondent authorities to proceed for issuance of coercive measures under Section 82 and 83 of Cr.P.C. to effect the arrest of the respondent nos.4 to 6, who are evading the arrest in collusion with the investigating officer in FIR dated 18.01.2025 registered as Case Crime No. 10 of 2025, under sections 85, 108 BNS and Section 3/4 of D.P. Act, Police Station Barsathi, District Jaunpur. (iii) issue any other 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 petition in favour of 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 18.01.2025, 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 S.P., Jaunpur, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the S.P., Jaunpur, the S.P., Jaunpur/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 :- 11.2.2025 Subham Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad