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2025 DAILYLAW 195802 (ALL)

PRASHANT MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/7437/2025 · 2025-10-27

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7437 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. List of the personal appearance cases has been revised. None appears on behalf of the petitioner even in the revised list. 2. In pursuance to the earlier order of this Court, personal affidavit of investigating officer filed by learned AGA is taken on record. 3. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties especially opposite party no. 2- Commissioner of Police, District Lucknow and opposite party no. 3-Station House Officer, Police Station, Krishna Nagar, District Lucknow to conduct a fair and proper investigation in respect of FIR dated 25.6.2024 registered as FIR No. 0282 of 2024 under Sections 506, 504, 447, 427 and 147 IPC at P.S. Krishna Nagar, District Lucknow. 4. This Court had passed a detailed order on 18.9.2025 which is quoted hereinbelow: "1. This Court has passed order dated 15.09.2025 which reads as under: "Heard. This Court has passed order on 01.9.2025 which reads as under :- "1. Heard Ms. Varsha Pandey, learned counsel for the petitioner and Sri S.N. Tilhari, learned AGA for the State. 2. By means of this petition the petitioner has prayed for a mandamus thereby directing the opposite Versus Counsel for Petitioner(s) : Varsha Pandey, Anubhav Awasthi Counsel for Respondent(s) : G.A. Prashant Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) parties especially opposite party nos. 2 and 3 i.e. Commissioner of Police, District Lucknow and S.H.O., P.S. Krishna Nagar, District Lucknow to conduct a fair and proper investigation in respect of First Information Report dated 25.06.2024 bearing FIR No. 0282/2024 u/s 506, 504, 447, 427, 147 IPC, P.S. Krishna Nagar, District Lucknow. 3. Ms. Pandey has drawn attention of this Court towards impugned F.I.R. which has been lodged on 25.6.2024 and more than 14 months have passed but the investigation has not been completed. 4. On being asked from learned AGA as to why the investigation has not been completed learned AGA has informed on the basis of instructions that the investigation is still pending. So as to know the stage and status of the investigation the personal affidavit of the S.H.O., P.S. Krishna Nagar, District Lucknow would be required, therefore, list this case on 15.9.2025. 5. By the next date of listing the S.H.O., P.S. Krishna Nagar, District Lucknow shall file his personal affidavit stating the status and stage of the investigation, failing which he shall appear in person on the next date along with the Case Diary." Ms. Ranjana Srivastava, learned A.G.A. has stated that neither the SHO has filed personal affidavit nor he is present in person, however, the order of the Court has been apprised to him. S.I. Ibne Hasan, police station - Krishna Nagar, Lucknow is present in person and he could not explain the reason as to why the personal affidavit has not been filed and as to why he could not appear. Therefore, list again on 18.9.2025. On that date the SHO, police station Krishna Nagar shall appear in person along with explanation as to why he has flouted the order dated 01.9.2025 and if the proper explanation could not be given by the SHO Krishna Nagar any coercive order may be passed on the next date. The officer who is present in person shall intimate this order to the SHO. The officer who is present in person need not appear again. Let the copy of this order be placed before Dy. Commissioner (South) Commissionerate of Lucknow through the Registry of this Court within 24 hours for perusal and information. Learned A.G.A. shall also intimate this order to the SHO concerned telephonically or any other convenient mode." 2. In compliance of the aforesaid order, Mr. G.D. Bhatt, learned A.G.A. for the State-respondents has filed personal affidavit of Mr. Pradyuman Kumar Singh, Inspector In-charge, Police Station- Krishna Nagar, Lucknow, which is taken on record and the aforesaid officer is present in person before this Court today. 3. In para 4 to 6 of the aforesaid personal affidavit, the officer has explained the reason as to why he could not appear in person on earlier date fixed and has tendered his unconditional apology. Considering the aforesaid contention, his unconditional apology is accepted. 4. Attention has also been drawn towards the para 6 onwards of the personal affidavit to show that the investigating officer is conducting the investigation properly and since the issue in question and the allegations are serious in nature, therefore, some time has been taken to conclude the investigation. The CRLP No. 7437 of 2025 2 investigating officer is hopeful that the investigation would be concluded with expedition and location of some accused persons is being traced out so that they could be apprehended. 5. Having considered the submission of learned A.G.A. as well as the police officer who is present in person before this Court, the case is adjourned for the day. 6. List this case again on 27th October, 2025. 7. On that date, the Investigating Officer concerned may file his personal affidavit/ counter affidavit apprising the Court about the status and stage of the investigation, failing which, the Investigating Officer concerned shall appear in person before this court on the next date. 8. The police officer who is present in the Court today need not appear again. 9. Learned A.G.A. shall also intimate this order to the Investigating Officer concerned telephonically or through any other convenient mode." 5. In pursuance to the aforesaid order, learned AGA has filed his personal affidavit stating that the charge sheet has been filed against one Ram Khilawan and the names of certain other persons have been dropped in the investigation as stated in paragraph 5 of the personal affidavit. He further states that investigation is still pending against two other persons. 6. Considering the aforesaid, it is apparent that the respondents are conducting investigation in respect of the aforesaid FIR. 7. Accordingly, writ petition stands disposed of leaving it open for the petitioner to pursue other remedies as may be available to him under law for any grievance. October 27, 2025 AKK CRLP No. 7437 of 2025 3 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench