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2025 DAILYLAW 30564 (ALL)

RAKESH @ RAKESH SAHANI v. STATE OF U.P. AND 5 OTHERS

CRLP/5048/2025 · 2025-03-18

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39029-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5048 of 2025 Petitioner :- Rakesh @ Rakesh Sahani Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manoj Kumar 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 AGA for the State. 2. This writ petition is preferred praying for the following principal relief: "(i) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to make fair and proper investigation in Case Crime No.594 of 2024, under Section 302, 120-B I.P.C. at Police Station Barhalganj, District Gorakhpur by any Senior Officer of the concerned La Cour department except Police Station Barhalganj, District Gorakhpur expeditiously within time bound period as may be fixed by this Hon'ble Court. (ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to arrest the accused persons/ respondent no.4 to 6 in Case Crime No.594 of 2024, under Section 302, 120-B I.P.C. at Police Station Barhalganj, District Gorakhpur expeditiously within time bound period as may be fixed by this Hon'ble Court." 3. It is stated that fair investigation is not being conducted on account of influence exercised by the accused persons. 4. Learned AGA, on the other hand, states that such aspects shall be examined by the second respondent, at the first instance. 5. In the facts of the case, we permit the petitioner to approach the Senior Superintendent of Police, Gorakhpur 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 three months from the date of presentation of a certified copy of this order. 6. With the above observations/directions, this writ petition stands disposed of. Order Date :- 19.3.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad