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2025 DAILYLAW 30575 (ALL)

SURYALAL YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/5028/2025 · 2025-03-18

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38979-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5028 of 2025 Petitioner :- Suryalal Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Yadav 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. This writ petition is preferred praying for the following principal relief: "(i) to issue a writ, order or direction in the nature of mandamus directing respondent no.2 to conduct fair investigation in Case Crime No. 879 of 2011, Under Sections 386 and 506 I.P.C., Police Station Cantt, District Gorakhpur and take action against the respondent no.4." 3. It transpires from the reocord that fair investigation is not being conducted on account of influence exercised by the accused persons. 4. Learned AGA, on the basis of instructions, states that in the instant matter, during investigation Section 376 I.P.C. is also added and 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