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2025 DAILYLAW 198946 (ALL)

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

CRLP/9184/2025 · 2025-10-07

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9184 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. Heard Sri Prashant Tiwari learned counsel for the petitioner and learned A.G.A. for the State. This writ petition has been filed with the following prayers :- (i) Issue a writ, order or direction in the nature of mandamus directing transfer of investigation in case crime no. 313 of 2024, police station Sidhauli, district Sitapur contained as Annexure No. 1 from the local police to an independent agency such as CBI/CBCID/Special Investigation Team to ensure free and fir and impartial investigation. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure that the accused police officers do not influence the investigation, witnesses or evidence in any manner. (iii) Issue a writ, order or direction as this Hon'ble Court may deem just and proper in the interest of justice. Learned counsel for the petitioner submits that since the allegations in the impugned F.I.R. are against a police personnel, as such, a fair investigation in the case is not being done by the police. Learned A.G.A. on the basis of instructions received on 7.9.2025 from the Sub-inspector, police station Sidhauli, district Sitapur, which is taken on Versus Counsel for Petitioner(s) : Hariom Divedi, Manoj Kumar Singh, Prashant Tiwari Counsel for Respondent(s) : G.A. Sobaran .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others .....Respondent(s) record, submits that the investigation has already been transferred by the Superintendent of Police from police station Sidhauli, district Sitapur to the crime branch, district Sitapur. It has also been submitted that one of the accused Sub-inspector Manikant Srivastava has been arrested and sent to jail. He further submits that now the investigation is being conducted by the crime branch, Sitapur expeditiously. Thus, the petition has not only been filed on misconceived and baseless grounds but has rendered infructuous also. In view of above, the writ petition is disposed of in terms of the statement of the learned A.G.A. with liberty to the petitioner to avail the appropriate remedy as may be available under law, if needed. October 7, 2025 kanhaiya CRLP No. 9184 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench