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2025 DAILYLAW 196796 (ALL)

JITENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS

CRLP/9537/2025 · 2025-11-10

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9537 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 AGA for the State- respondents no. 1 to 4. 2. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Mandamus directing the opposite parties no. 1 to 4 to conduct fair and proper investigation of FIR/Case Crime No. 177 of 2025 dated 18.8.2025 under Sections 80(2), 85 of BNS, 2023 and Section 3/4 of D.P. Act at P.S. Sadarpur, District Sitapur. 3. In pursuance to the order of this Court dated 10.10.2025, Sri Ved Prakash Srivastava, opposite party no. 3 i.e., Circle Officer, Mahmudabad, District Sitapur is present before this Court who has filed personal affidavit which is taken on record. 4. This Court had passed a detailed order dated 10.10.2025 which is quoted hereinbelow: "1. Heard learned counsel for the petitioner and Shri Vijay Prakash Dwivedi, learned A.G.A. for State- opposite Nos.1 to 4. 2. Issue notice to opposite party Nos.5 to 9, returnable at an early date. 3. Steps be taken within a week. 4. Office to proceed accordingly. 5. By means of this petition, the petitioner has prayed for the following reliefs :- "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite Versus Counsel for Petitioner(s) : Anil Kumar Awasthi Counsel for Respondent(s) : G.A. Jitendra Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s) party no.1 to 4 to conduct a fair and proper investigation in pursuance of First Information Report dated 18.08.2025, in Case Crime No.177/2025, under Section 80(2), 85 BNS and Section 3/4 of D.P. Act, Police Station Sadarpur, District Sitapur, contained in Annexure No.1 to this writ petition, in the interest of justice. II. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no.1 to 3 to ensure the protection of life of the petitioner and his family members against the threat by the opposite party no.5 to 9, in the interest of justice." 6. Learned counsel for the petitioner has stated that about two months have passed since the lodging the F.I.R., but no accused has been apprehended till date. He has further submitted that, as a matter of fact, the investigation is being conducted in a cursory manner and the accused persons are roaming around freely and threatening the informant and his family with dire consequences. 7. Considering the aforesaid submission, we find it appropriate that a personal affidavit of opposite party No.3, i.e., Circle Officer, Mahmudabad, District Sitapur, be required, indicating therein the stage and status of the investigation properly. 8. List this case on 30.10.2025 to enable the learned A.G.A. to file the personal affidavit of opposite party No.3, failing which he shall appear in person. However, on the next date, the investigating officer concerned shall also appear in person along with the case diary to assist the Court. 9. Learned A.G.A. shall intimate the date to the Circle Officer concerned." 5. Learned AGA states that it has been specifically indicated in paragraph 15 of the said personal affidavit that three persons have already been arrested and efforts are being made to arrest co-accused namely Rakesh. He further states that the investigation is still going on and endeavour would be made to conclude the investigation. 6. In view of above, this Court has no reason to believe that fair and proper investigation is not being carried out by the respondent authorities. 7. With the aforesaid observations, writ petition is disposed of. November 10, 2025 AKK CRLP No. 9537 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench