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2025 DAILYLAW 197950 (ALL)

GAUTAM v. STATE OF U.P. THRU. SECY. HOME AND 3 OTHERS

CRLP/10131/2025 · 2025-11-10

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10131 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Vikas Gupta, learned counsel for the petitioner and learned A.G.A for the State. 2.This petition has been filed with the following prayers:- "a. A writ, order or direction in the nature of mandamus, commanding opposite parties no 3 to 4, to ensure fair investigation of Case Crime No. 476/2025, under Section 103, 238 & 351(3) of Bharatiya Nyaya Sanhita, Police Station- Tambaur District- Sitapur to proceed against accused mentioned in the FIR dated 21.09.2025 and legal action needed in pursuant thereto be taken, contained as Annexure nos.1, to this writ petition. b. A writ, order or direction in the nature of mandamus, commanding opposite party no. 3, to take necessary action against the opposite party no.4." 3. Learned counsel for the petitioner submits that the impugned F.I.R. was lodged on 21.09.2025, but till date the investigation has not been concluded. 4. Learned A.G.A. on the basis of instructions submits that the investigation is going on and nothing incriminating has come against anybody. The deceased had died on account of drowning in the river. Versus Counsel for Petitioner(s) : Zoheb Ahmad, Tauseef Ali Ansari, Vikas Chauhan Counsel for Respondent(s) : G.A. Gautam .....Petitioner(s) State Of U.P. Thru. Secy. Home And 3 Others .....Respondent(s) 5. In view of above, this petition is disposed of with direction to the S.P./S.H.O., Sitapur to ensure that the investigation is concluded expeditiously, failing which, the petitioner shall have liberty to approach the concerned Magistrate in view of judgment of the Hon'ble Supreme Court rendered in the case of Sakiri Vasu vs. State of Uttar Pradesh and others; (2008) 2 SCC 409. November 10, 2025 Shahnaz CRLP No. 10131 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench