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2025 DAILYLAW 17661 (ALL)

SMT. POOJA v. STATE OF U.P. AND 6 OTHERS

CRLP/5039/2025 · 2025-03-18

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39014-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5039 of 2025 Petitioner :- Smt. Pooja Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Prashant Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. This writ petition is preferred praying for the following principal relief: "i. TO ISSUE a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 to look into the matter himself and direct the Respondent (State Authorities) to conduct and complete the fair and impartial investigation pursuant to the First Information Report dated 15.11.2024 which is registered as Case Crime No.0035 of 2024, under Sections 498-A, 323, 504, 506, 494 of I.P.C. & 3/4 of Dowry Prohibition Act, 1961, Police Station: Mahila Thana, District- Kannauj and punish the accused in accordance with law. ii. TO ISSUE a writ, order or direction in the nature of mandamus commanding the Respondent concerned to provide protection to the life and liberty of the Petitioner and his family members." 3. It is stated that fair investigation is not being conducted on account of influence exercised by the accused persons. 4. Learned AGA, on the other hand, states that such aspects shall be examined by the second respondent, at the first instance. 5. In the facts of the case, we permit the petitioner to approach the Superintendent of Police, Kannauj highlighting her grievance, who shall call for records and will ensure that a fair and impartial investigation, in accordance with law, is got conducted and concluded, expeditiously, preferably within a period of three months from the date of presentation of a certified copy of this order. 6. With the above observations/directions, this writ petition stands disposed of. Order Date :- 19.3.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad