Neutral Citation No. - 2025:AHC:32919-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3134 of 2025 Petitioner :- Ajeet Kumar Shukla Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Varad Nath Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Varad Nath, learned counsel for the petitioner and learned AGA for the State. 2. This writ petition is preferred praying for the following principal relief: "1. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 & 3 to ensure the investigation in pursuance of FIR dated 15.09.2024 registered as Case Crime No. 563 of 2024, under Sections 191(2), 115(2), 352, 351(2), 325(4) of B.N.S. police station Handia, district Prayagraj fairly, impartially and expeditiously." 3. The petitioner is an informant/victim in the instant case. On the date of incident i.e. 13.9.2024, the petitioner along with his friend Jitendra Kumar were going Buraut on their respective motorcycles after 8 PM, two cars abruptly overtook the petitioner's motorcycle and all of a sudden, 4-5 assailants got out of the cars and started abusing the petitioner and manhandled him with sticks causing severe injuries to him. Aggrieved by such violent acts, petitioner submitted a written complaint dated 14.9.2024 to SHO Handia. However, the concerned police officials on their own accord improved the facts and omitted major relevant facts while lodging the impugned FIR. Thereafter a medical examination of the petitioner as well as Jitendra Kumar was conducted on 15.09.2024. A copy of the medical report is brought on record as Annexure No. 5 to the writ petition. Subsequent to such medical examination, till date neither spot inspection has been conducted by the investigation authorities nor statements of the witnesses including of informant/petitioner have been recorded till date, which raise serious concerns regarding the intent and seriousness of the investigating officers. Most importantly, no chargesheet has been filed by the police even after expiry of 120 plus days since then, which demonstrates undue delay in the investigation process and is prejudicial to the rights of the petitioner. He lastly submits that upon verification from the RTO portal, the car in question was found to be registered in the name of 'Prasoon Srivastava' linking him to the gruesome episode. In support of his submissions, learned counsel for the petitioner has placed reliance upon the order dated 22.10.2024 in CRIMINAL MISC. WRIT PETITION No. - 18838 of 2024, wherein, accused Prasoon Srivastava has assailed the validity of the impugned FIR dated 15.09.2024. The Division Bench has refused to entertain the prayer for quashing the FIR. However, while disposing the writ petition vide order dated 15.09.2024, it was made clear that the provisions of section 35 of the Bharatiya Nagrik Suraksha Sanhita, 2023 be complied with. Learned counsel for the petitioner in this backdrop states that even though there is no impediment but till date the investigation is not being carried out. As such, it is prayed that the direction be issued to the respondent authorities to ensure the investigation expeditiously within stipulated time in a fair and impartial manner. 4. Learned AGA, on the other hand, states that such aspects shall be got examined by the third respondent, at the first instance. 5. In the facts of the case, we permit the petitioner to approach the second respondent highlighting his grievance, who shall call for records and will ensure that a fair and impartial investigation, in accordance with law, is got conducted and concluded, expeditiously, preferably within a period of two months from the date of presentation of a certified copy of this order in case there is no legal impediment. 6. With the above observations/directions, this writ petition stands disposed of. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 6.3.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad