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2025 DAILYLAW 188211 (ALL)

SANTOSH KUMAR SRIVASTAVA v. STATE OF UP AND 3 OTHERS

CRLP/17030/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17030 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Rejoinder affidavit filed on behalf of petitioner, is taken on record. 2. The instant writ petition has been filed for the following reliefs:- " (a) Issue a writ, order or direction in the nature of Mandamus directing respondent no.2 to supervise the investigation with regard to First Information Report dated 14.05.2024 arising out of Case Crime No. 169 of 2024, under Sections 302, 120-B, 506, 34 1.P.C., Police Station-Shahganj, District-Jaunpur. (b) Issue a writ, order or direction in the nature of Mandamus directing respondent no.2 to transfer the investigation of First Information Report dated 14.05.2024 arising out of Case Crime No.169 of 2024, under Sections 302, 120-B, 506, 34 I.P.C., Police Station-Shahganj, District-Jaunpur from the Crime Branch Police to C.B. C.I.D. or C.B.I.." 3. After some length of argument, learned counsel appearing on behalf of petitioner without entering into the merits of the case made innocuous prayer that instant petition may be disposed of with liberty to the petitioner to avail appropriate remedy available under law and to approach the appropriate forum at the appropriate stage. 4. Per contra, Sri G. S. Chaturvedi, learned Senior Advocate assisted by Ms. Saumya Chaturvedi, learned counsel appearing on behalf of respondent no.4 as well as learned A.G.A. vehemently opposed the instant petition on merits but they have no objection to the innocuous prayer made by learned counsel for the petitioner. 5. Heard learned counsel appearing on behalf of petitioner and Sri G. S. Chaturvedi, learned Senior Advocate assisted by Ms. Saumya Chaturvedi, learned counsel appearing on behalf of respondent no.4 as well as learned A.G.A. appearing on behalf of State and perused the contents made in the Versus Counsel for Petitioner(s) : Arun Kumar Tiwari, Deepak Singh Counsel for Respondent(s) : G.A., Somya Chaturvedi Santosh Kumar Srivastava .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) writ petition. 6.Taking into consideration the innocuous prayer made by learned counsel for the petitioner and no objection from other side, without entering into the merits of the case, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner. 7. Accordingly, the writ petition is disposed of with the liberty aforesaid as sought by learned counsel for the petitioner during arguments. October 29, 2025 AKT CRLP No. 17030 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad