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2025 DAILYLAW 177206 (ALL)

SHIVKANT SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 7 OTHERS

CRLP/10029/2025 · 2025-10-30

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10029 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Neeraj Singh, learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with following main prayer:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 1 to 4 particularly the opposite parties no. 2 to 4 to take all legal and necessary action, according to law, against the opposite parties no. 5 to 8 in pursuance of the F.I.R. lodged by the petitioner against them on 15.9.2025 vide F.I.R. No. 557 of 2025 under Section 85, 115(2), 80(2) of the B.N.S., 2023 and Section 3/4 of the D.P. Act, police station Ganga Ghat, district Unnao. (ii) Issue a writ, order, order or direction in the nature of mandamus commanding the opposite party no. 2 to carry out the investigation of F.I.R. No. 557 of 2025 under Sections 85, 115(2), 80(2) of the B.N.S., 2023 and Section 3/4 of the D.P. Act, police station Ganga Ghat, district Unnao." 3. Learned counsel for the petitioner submits that the F.I.R. was lodged on 15.9.2025, but till date, investigation has not been concluded. 4. Per contra, learned A.G.A. for the State, on the basis of instructions, submits that the investigation is going on. He further submits that the investigation shall be concluded expeditiously. Versus Counsel for Petitioner(s) : Neeraj Singh Counsel for Respondent(s) : G.A. Shivkant Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 7 Others .....Respondent(s) 5. In view of above, this petition is disposed of with direction to the S.S.P./S.P., Unnao to ensure that the investigation is concluded expeditiously, failing which, the petitioner shall have liberty to approach the concerned Magistrate in view of judgment of the Hon'ble Supreme Court rendered in the case of Sakiri Vasu vs. State of Uttar Pradesh and others; (2008) 2 SCC 409. October 30, 2025 kanhaiya CRLP No. 10029 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench