ABDUL WAHAB v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND OTHERS
CRLP/9854/2025 · 2025-11-03
Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180753 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9854 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE ABDHESH KUMAR CHAUDHARY, J.
1. Heard Sri Rakesh Pathak, learned counsel for the petitioner and Sri Anirudh Singh, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. In view of the proposed order notice to opposite party no. 4 is hereby dispensed with. 3. By means of this petition the petitioner seeks following relief :
"i. Issue writ order or direction in the nature mandamus a to commanding the Opposite party no. 2 and 3 to conduct fair and impartial investigation relating Crime/F.I.R. No. 0077/2025 Under Section 109 of Bhartiya Nayay Sanhita & Section 3/5A/8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act and Station Section 3/25 of Arms Act lodged in Police Dahanepur, District- Gonda. ii. Issue writ order or direction in the nature MANDAMUS commanding the Opposite party no. 2 and 3 to include the evidences and conclusive proofs (CCTV Footage and CDR Details) in the investigation as provided by the petitioner during investigation."
4. Learned counsel for the petitioner has submitted that the opposite party no. 4 is a Station House Officer, is acting in arbitrary and illegal manner by not considering the relevant facts and circumstances and is conducting Versus Counsel for Petitioner(s) : Rakesh Pathak, Vijay Pathak Counsel for Respondent(s) : G.A. Abdul Wahab .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Others .....Respondent(s)
the investigation as per his whims and dictates. The petitioner is cooperating in the investigation and trying to bring on record the relevant material and evidence, for that he has given affidavit to Superintendent of Police, Gonda which has been enclosed with the petition but those facts have not been considered by the Investigating Officer nor any appropriate order has been passed by the Superintendent of Police, Gonda. 5. It is needless to say that it is incumbent upon the investigating officer to conduct the investigation according to law and should try to collect cogent material / evidence taking all possible efforts and if the accused person is providing any evidence which is necessary for the investigation in question that should be considered strictly in accordance with law. 6.
Therefore, without entering into the merits of the issue, we hereby dispose of this petition at the admission stage having expectation that the investigation in question be conducted and concluded strictly in accordance with law by considering all relevant material / evidence and the affidavit of the petitioner so filed before the Superintendent of Police, Gonda may be considered and disposed of by the officer concerned instructing the Investigating Officer to take / consider the material / evidences which has been apprised / intimated by the petitioner. 7. In view of the above, writ petition is disposed of. November 3, 2025 Om CRLP No. 9854 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench