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2025 DAILYLAW 177701 (ALL)

SHIVAM MALIK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 3 OTHERS

CRLP/10365/2025 · 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. - 10365 of 2025 Court No. - 30 HON'BLE RAJIV GUPTA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 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 parties to conduct a free, fair, effective and speedy investigation in the First Information Report dated 01.07.2025, bearing No. – 0120 of 2025, under Section 191(2), 333, 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023 (Section 147, 452, 323, 504, 507 of Indian Penal Code, 1860) Police Station – Alambagh, District – Lucknow, lodged by the Petitioner, in a time-bound manner; (ii) Issue any other writ, order, or direction, which this Hon'ble High Court may deem fit and proper in the circumstances of the case." Learned counsel for the petitioner has submitted that the petitioner is the first informant in the present case and though the F.I.R. in the instant case has been registered on 01.07.2025, yet the police is not investigating the case in fair and impartial manner. In view of the above, the petitioner may move an application before the respondent no.2- Commissioner of Police, Lucknow, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved by the petitioner, respondent no.2- Superintendent of Police, Lucknow, shall ensure the fair, impartial and expeditious investigation in the present case. With the aforesaid order, the present writ petition stands disposed of. November 4, 2025 Haseen U. Versus Counsel for Petitioner(s) : Akash Mishra Counsel for Respondent(s) : G.A. (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Shivam Malik .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others .....Respondent(s) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench