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2025 DAILYLAW 2415 (ALL)

VIKAS CHAUDHARY v. STATE OF UP AND 2 OTHERS

CRLP/26514/2025 · 2026-04-19

Rajeev Misra, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 26514 of 2025 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Mr. Vikas Chaudhary, the petitioner who appears in person and the learned A.G.A. representing State-respondents 1, 2 and 3. 2. Perused the record. 3. Petitioner-Vikas Chaudhary has approached this Court by means of present Criminal Misc. Writ Petition with the following prayer :- (i) issue a writ, order or direction in the nature of ad- ad-Interim Mandamus directing the respondent no.2/D.G.P., Lucknow to re-investigate of Case Crime No. 173 of 2023, under section 504 and 506 of IPC Police Station Lodha, District Aligarh in supervision of himself in the interest of justice in the aforesaid case crime and submit the police report within stipulated period of time as fixed by this Hon'ble Court. (ii) issue any suitable order or direction, which this Hon'ble Court may deems fit and proper under the facts and circumstance of the case. 4. At the very outset, the learned A.G.A. representing State-respondents 1, 2 and 3 submits that investigating officer upon completion of statutory investigation of concerned case crime number has already submitted the final report/police report dated 8.4.2024 in terms of Section 173 (2) Cr.P.C. In case, petitioner is aggrieved by the said police report, then remedy lies to petitioner to file a protest petition before the jurisdictional magistrate in the light of law laid down by Apex Court in the Case of Bhagwat Singh vs Commissioner of Police & Anr. 1985, 2 SCC 537. It is thus urged by the learned A.G.A. that in view of above, the present writ petition is liable to be dismissed. Versus Counsel for Petitioner(s) : In Person, Akhilesh Kumar Tiwari, Arif Ikbal, Sarphraj Counsel for Respondent(s) : G.A. Vikas Chaudhary .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) 5. When confronted with above, the petitioner who appears in person could not over come the same. 6. Having heard, the petitioner appearing in person, the learned A.G.A. for State-respondents 1, 2 and 3 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to present writ petition are clearly borne out from the record. Furthermore, the same could not be dislodged by the learned counsel for petitioner with reference to the record. 7. In view of above, the present writ petition fails and is liable to be dismissed. 8. It is, accordingly, dismissed. 9. Interim order, if any, stands vacated. April 20, 2026 Gaurav CRLP No. 26514 of 2025 2 (Sudhanshu Chauhan,J.) (Rajeev Misra,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad