Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17450 (ALL)

AKHILESH SINGH v. STATE OF UTTAR PRADESH AND 8 OTHERS

CRLP/2638/2025 · 2025-03-17

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:38425-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2638 of 2025 Petitioner :- Akhilesh Singh Respondent :- State Of Uttar Pradesh And 8 Others Counsel for Petitioner :- Ankit Kumar Pal,Praveen Kumar Singh Counsel for Respondent :- Ashish Pandey,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A.-I for the State respondents. 2. This writ petition has been filed praying inter alia for the following relief: "i. Issue writ, order or direction in the nature of mandamus commanding and directing the respondents to investigate (fair, impartial and expeditiously Investigation) of Case Crime No. 0671 of 2024, under section 80,85 of B.N.S and 3/4 of Domestic Prohibition Act 1961 Police Station Auraiya, District Auraiya. ii. Issue writ, order or direction in the nature of mandamus commanding and directing the respondent no.1 to transfer the investigation of Case Crime No. 0671 of 2024, under section 80,85 of B.N.S and 3/4 of Domestic Prohibition Act 1961 Police Station Auraiya, District- Auraiya to the Special Investigation Agency i.e CB-CID. iii. Issue a writ, order or direction in the nature of mandamus directing the respondents to investigate and conclude the investigation as per the order dated 18.12.2024 passed by this Hon'ble court in Criminal Misc. Writ Petition No. 23227 of 2024 (Anurag Singh and 4 others vs. State of U. P. and 3 others) in fair and impartial manner by an independent investigating agency. iv. Issue a writ, order or direction in the nature of mandamus directing the respondents to conclude the investigation of Case Crime No. 0671 of 2024, under section 80,85 of B.N.S and 3/4 of Domestic Prohibition Act 1961 Police Station Auraiya, District Auraiya in fair and speedy manner and submit the chargesheet. " 3. While entertaining the writ petition on 13.02.2025, we directed the State to file a response. In compliance, a detailed counter affidavit has been filed, indicating therein that a chargesheet has been submitted on 08.02.2025 against all the accused except the husband, Anurag Singh, against whom the investigation is still in progress. 4. Considering the factual situation, at this stage, we are not inclined to interfere in the ongoing investigation qua the complicity of the husband, Anurag Singh. It is sufficient to indicate that the impugned First Information Report was lodged on 04.12.2024, and an indefinite delay in the investigation cannot be permitted. The investigating officer cannot be given undue leverage to proceed with the investigation indefinitely without completing it. 5. In view of the facts and circumstances, without delving into the merits of the investigation, we dispose of the writ petition with the observation that the investigation must be completed within six weeks from the date of presentation of a certified copy of this order, provided there is no legal impediment. Order Date :- 18.3.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad