BALAKRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
/10732/2025 · 2025-11-19
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185733 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185733 (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. - 10732 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents.
2. The instant petition has been filed praying for a mandamus commanding the respondents to transfer the investigation to CBCID or any other investigating agency for conducting fair and proper investigation in the F.I.R. No.0023 dated 31.01.2025 lodged by the petitioner under Sections 352, 351(2), 115(2) of B.N.S., 2023, Police Statition Madhoganj, District Hardoi and to arrest the accused persons.
3. Learned counsel for the petition fairly submits that all the offences under which the impugned F.I.R. has been lodged carry a sentence of less than seven years.
4. Considering the aforesaid, more particularly, when a notice would be required for arresting the accused persons where the alleged crime committed by them carries a sentence of less than seven years, consequently, there cannot be any automatic arrest of the accused persons.
5. However, the Court expects that the respondents shall carry out a fair and expeditious investigation in the matter.
6. The writ petition stands disposed of. November 19, 2025 S. Shivhare Versus Counsel for Petitioner(s) : Rajesh Kumar Kashyap Counsel for Respondent(s) : G.A. (Mrs. Babita Rani,J.) (Abdul Moin,J.) Balakram .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench