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2025 DAILYLAW 188641 (ALL)

COMPLAINANT OF FIR NO. 0343/2025 AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

CRLP/10818/2025 · 2025-11-18

Pramod Kumar Srivastava, Rajiv Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10818 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 petitioners for the following reliefs:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding opposite parties thereby directing opposite party no. 3 to conduct investigation of the First Information Report No. 0343 of 2025, Under Section- 87 of B.N.S., 2023(Old Provision 366 of IPC), Police Station-Neemgavon, District- Lakhimpur-Kheri, dated 14.8.2025 lodged by Petitioner no. 1, contained herein as Annexure No. 2, in fair and impartial manner, if investigation of the present case is not conducted in fair and impartial manner then opposite party no. 2 may be directed to transfer the investigation of the present case before any other competent authority. (ii) Issue a writ, order or direction in the nature of Mandamus thereby directing opposite party no. 3 to submit progress report of investigation of the aforesaid case crime before this Hon'ble Court periodically." Learned counsel for the petitioners have submitted that the petitioners are the first informant in the present case and though the F.I.R. in the instant case has been registered on 14.08.2025, yet the police is not investigating the case in fair and impartial manner. In view of the above, the petitioners may move an application before the respondent no.2- Superintendent of Police, Lakhimpur Kheri, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved by the petitioners, respondent no.2- Superintendent of Police, Lakhimpur Kheri, shall ensure the fair, impartial and expeditious investigation in the present case. With the aforesaid order, the present writ petition stands disposed of. November 18, 2025 Haseen U. Versus Counsel for Petitioner(s) : Santosh Kumar Kanaujia Counsel for Respondent(s) : G.A. (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Complainant Of Fir No. 0343/2025 And Another .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 2 Others .....Respondent(s) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench