VINOD KUMAR SAHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 6 OTHERS
CRLP/9940/2025 · 2025-11-12
Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182934 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182934 (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. - 9940 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE ABDHESH KUMAR CHAUDHARY, J.
1. Heard Sri Anand Yadav holding brief of Sri Katyayan Mishra, learned counsel for the petitioner and Sri Anirudh Singh, learned AGA for the State- opposite parties no.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 following reliefs:-
"(i) Issue writ, order of direction in the nature of the mandamus whereby directing the opposite parties/Competent State Authority to insure the fair and proper investigation of the impugned F.I.R. registered at Crime No. 0177/2025 Under Section 419,420,467,468,471 I.P.C., lodged in P.S. Wazirganj District Lucknow (contained as annexure No. 1)
(ii) Issue writ order or direction in the nature of Mandamus commanding the Opposite Parties No. l to transfer the investigation of present F.I.R. to some independent investigating Agency for fair and proper investigation of the matter. (iii) Issue writ order or direction in the nature of Mandamus commanding the Opposite Parties No. 2 and 3 to arrest the accused persons during the pendency of this petition in aforesaid crime number." Versus Counsel for Petitioner(s) : Mahendra Kumar Verma Counsel for Respondent(s) : G.A. Vinod Kumar Sahu .....Petitioner(s) State Of U.P. Thru. Prin. Secy Home Lko. And 6 Others .....Respondent(s)
4. At the very outset, Sri Anirudh Singh, learned A.G.A. has raised objection in respect of prayer no. 3 by submitting that the petitioner may not pray for arresting the accused persons, inasmuch as it is up- to the Investigating Agency to arrest and send the accused persons to the judicial custody or to insist their co-operation till filing of the police report. 5. Sri Singh has submitted that so far as other prayers are concerned, he submitted on the instruction dated 16.10.2025 that immediately after lodging of the F.I.R. on 10.7.2025, 15 parchas have been prepared by 7.10.2025, thereafter some more parchas have also been prepared. He has also submitted that in the present case the Investigating Officer has been changed and new Investigating Officer is conducting the investigation.
On the basis of specific instructions he has stated that Investigating Officer is conducting the investigation strictly in accordance with law by collecting incriminating material/evidence and recording the statement of the concerning persons.. The instruction dated 16.10.2025 is taken on record. 6. Having considered the submission of learned counsel for the parties, we do not find any good purpose in keeping the present petition pending any longer, we, hereby, dispose of the present petition at the admission stage having expectation that the Investigating Officer shall conduct and conclude the investigation strictly in accordance with law. 7. It is needless to say that if the petitioner is willing to provide some material/evidence in the issue in question, the same may be considered by the Investigating Officer strictly in accordance with law. . November 12 , 2025 Anuj Singh CRLP No. 9940 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench