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2025 DAILYLAW 24105 (ALL)

ATUL TYAGI v. STATE OF U.P. AND 4 OTHERS

CRLP/6823/2025 · 2025-04-09

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52883-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6823 of 2025 Petitioner :- Atul Tyagi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Tiwari,Krishna Dev Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. Present petition has been filed seeking direction to respondents to ensure fair, impartial and proper investigation of the Case Crime No.31 of 2024 under Section 147, 323, 504, 506, 354, 427 IPC, P.S. Sector 126, District-Commissionerate Gautam Buddha Nagar. 3. In pith and substance, learned counsel for the petitioner has confined his prayer for issuance of suitable direction for fair and impartial investigation. 4. Learned A.G.A. has resisted the relief on the premise that in the instant matter police report was submitted way back on 13.03.2024 and later on further investigation was directed on 26.04.2024. He next submits that thereafter again police report was submitted on 07.08.2024 and cognizance has been taken on 24.10.2024. In this backdrop, he submits that at this stage when the trial of the case has already begun, any direction by this Court would delay the trial and in case, the petitioner is having any grievance, he may approach the trial court. 5. Considering the aforesaid factual situation, we are not inclined to entertain the instant writ petition. Suffice to indicate that the petitioner is at liberty to press appropriate relief before the concerned court below in the ongoing trial. 6. With the aforesaid observation, the instant writ petition stands disposed of. Needless to add that this Court has not expressed any opinion on the merits of the case and the competent authority/Investigating Officer should act strictly in accordance with law. Order Date :- 10.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad