Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 175566 (ALL)

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

CRLP/9949/2025 · 2025-11-12

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9949 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Shri Santosh Kumar Dwivedi, learned counsel for the petitioner, as well as Ms. Meera Tripathi, learned A.G.A. for the State- opposite parties nos. 1 to 3. 2. In view of the proposed order, notice to opposite party nos. 4 to 7 is hereby dispensed with. 3. By means of this petition, the petitioner has prayed for the following main reliefs: "(i) issue a writ, order or direction in the nature of Mandamus directing the Opposite Parties particularly opposite party no. 2 (Superintendent of Police, Bahraich) to ensure free and fair investigation of the FIR/Case Crime No.264/2025, under Sections 333, 115(2), 352 and 351(3) B.N.S. lodged at Police Station Payagpur, District Bahraich as contained in Annexure No. 1 to the writ petition; and (ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2, Superintendent of Police, Bahraich to take all appropriate action over the grievances of the petitioner in accordance with law and secure the life and liberty of the petitioner and his family members from the opposite party nos. 4 to 7." 4. Ms. Meera Tripathi, learned A.G.A. for the State, has informed on the basis of oral instructions that the investigating officer is conducting investigation strictly in accordance with law and the same Versus Counsel for Petitioner(s) : Santosh Kumar Dwivedi Counsel for Respondent(s) : G.A. Ram Shankara .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others .....Respondent(s) is likely to be concluded very soon. She has further submitted that since the FIR has been lodged under those sections wherein punishment provided is upto 7 years, the accused persons have not been taken into judicial custody. She has also stated that if the accused persons do not cooperate, appropriate exercise may be undertaken against them by the investigating officer. 5. Having considered the submissions advanced by the learned A.G.A. for the State, we hereby dispose of this petition finally at the admissions stage itself, having expectation that the investigating officer shall conduct and conclude the investigation strictly in accordance with law, with expedition and, if any material/evidence is produced from the side of the petitioner, the same shall also be considered by the investigating officer. November 12, 2025 MVS/- CRLP No. 9949 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench