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2025 DAILYLAW 32627 (ALL)

NIRMALA DEVI AND 6 OTHERS v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/5446/2025 · 2025-05-19

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84092-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5446 of 2025 Petitioner :- Nirmala Devi And 6 Others Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Byas Kumar Prasad Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard Sri Byas Kumar Prasad, learned counsel for the petitioners and Sri Ghanshyam Kumar, learned A.G.A. appearing for the State respondents. 3. Present petition has been filed seeking direction to the respondent no. 2-District Magistrate, Gorakhpur to decide the application dated 14.1.2025 within stipulated period. 4. In the present petition counter affidavit was called for. 5. By drawing attention to paragraphs 5 and 6 of the counter affidavit it is submitted by learned counsel for the petitioner that even inspite of the letters dated 18.4.2025 and 23.4.2025 sent by the In-charge Inspector, Cyber Crime, Gorakhpur to Superintendent of Police, Gorakhpur no action has been taken. 6. Learned A.G.A. submits that in the light of the aforesaid paragraphs and as prayed by the petitioner the application of the petitioner may be considered and decided by the Superintendent of Police (Crime), Gorakhpur. 7. In such view of the matter, learned counsel for the petitioners prays that he may be permitted to implead Superintendent of Police (Crime), Gorakhpur as respondent no. 4. 8. Prayer is allowed. He may do so during the course of the day. 9. Accordingly, present petition stands disposed with a direction to the respondent no. 4-Superintendent of Police (Cyber), Gorakhpur to consider and decide the application of the petitioners on its own merits, in accordance with law, preferably within a period of ten days from the date of production of a certified copy of this order before him. However, the petitioners are at liberty to file fresh representation before the respondent no. 4 along with all relevant documents. 10. It is made clear that this Court has not considered the claim of the petitioners on merits. 11. With the aforesaid observations, present petition stands disposed of. Order Date :- 20.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad