MANMOHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 6 OTHERS
CRLP/9768/2025 · 2025-11-03
Pramod Kumar Srivastava, Rajiv Gupta
body2025
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[ 2025 DAILYLAW 172954 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172954 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9768 of 2025 Court No. - 30 HON'BLE RAJIV GUPTA, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, 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 thereby commanding the opposite party no. 2, 3 and 4 to take immediate action for conducting fair, Impartial and speedy investigation is respect of First Information report (Hereafter F.I.R.) no. 226 of 2025, dated 22.08.2025, Under sections 80(2), 85 of B.N.S.S. 2023 and 3/4 of the Dowry Prohibition Act, 1961 registered at-Police Station- Harchandpur, District- Raebareli, regarding the suspicious and unnatural death of the petitioner niece Manni Singh (Deceased). ii. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no. 2 to transfer the further investigation of the First Information report (Hereafter F.I.R.) no. 226 of 2025, dated - 22.08.2025, Under sections 80(2), 85 of B.N.S.S. 2023 and 3/4 of The Dowry Prohibition Act, 1961 registered at-Police Station- Harchandpur, District- Raebareli to any other police station of the same district. iii. Issue a writ, order or direction in the nature of mandamus thereby commanding to investigation officer to add appropriate and penal provision including the section 120B I.P.C/ 60(2) B.N.S, in the view of the material on recorded disclosing the offence of criminal conspiracy. iv. Issue a writ, order or direction in the nature of mandamus thereby commanding the Opposite party no.2 to arrest the accused of the said first information report and to conduct investigation in a proper manner. Versus Counsel for Petitioner(s) : Rahul Mishra Counsel for Respondent(s) : G.A. Manmohan Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others .....Respondent(s)
V. Any other order or direction in which this Hon'ble court may deem fit and proper under the facts and circumstance of the case may also be passed in favour of the petitioner. vi. Allow the writ petition with cost in favor 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 22.8.2025, 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 Superintendent of Police, District- Raebareli, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the Superintendent of Police, District- Raebareli, the Superintendent of Police, District- Raebareli/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. November 3, 2025 KU CRLP No. 9768 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench