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2025 DAILYLAW 173526 (ALL)

GUDIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS

CRLP/10395/2025 · 2025-11-04

Pramod Kumar Srivastava, Rajiv Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10395 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 reliefs:- "(i). Issue a writ, order or direction in the nature of mandamus commanding the opposite party nos. 1 to 4 to take all legal and necessary action according to law against opposite parties nos. 5 to 8 in pursuance of the first information report has been lodged by the petitioner on 17.09.2025 at Police Station Pisawan, District Sitapur, which is registered as Case Crime No. 0406 of 2025 under Section 108 of B.N.S., 2023 as contained in Annexure No. 1 to this Writ Petition. (ii). Issue a writ, order or direction in the nature of mandamus commanding/directing to the respondent/opposite party nos. 1 to 4, to conduct the investigating of Case Crime No. 0406 of 2025 under Section 108 of B.N.S., 2023 at Police Station Pisawan, District Sitapur, in fair and proper manner as well as under his supervision. (iii). Issue any other writ, order or direction in the nature, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. Versus Counsel for Petitioner(s) : Rajiv Raman Srivastava Counsel for Respondent(s) : G.A. Gudiya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others .....Respondent(s) (iv). Award the cost of the writ petition in favour of the petitioner''. 3. Learned counsel for the petitioner has submitted that in the instant case, petitioner is the first informant and she has lodged the F.I.R. on 17.09.2025, yet the police is not investigating the case in fair and impartial manner. 4. In view of the above, the petitioner shall file an application before the respondent no.2- Superintendent of Police, Sitapur, highlighting her grievance and seeking fair and impartial investigation and if such an application is moved by the petitioner, respondent no.2- Superintendent of Police, Sitapur, shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present writ petition stands disposed of. November 4, 2025 Nadim CRLP No. 10395 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad, Lucknow Bench