Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11894-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 95 of 2025 Petitioner :- Kanhaiya Lal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajay Vikram Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri Ajay Vikram Yadav, learned counsel for the petitioner and learned A.G.A. for the State respondents.
2. The instant writ petition is preferred by the petitioner who had lodged the first information report dated 26.09.2024 as case crime no. 0493 of 2024 under Section 191, 191(2), 115(2), 118(1), 352, 351(3) and 125 IPC.
3. The petitioner is aggrieved by the impugned orders dated 16.12.2024 as well as 17.12.2024 passed by the respondent nos. 2 and 4 respectively to the extent initially the injured was medically examined before Govt. Hospital but the accused persons who are highly influential and under their influence the order dated 17.10.2024 was initially passed by the respondent no.4, ignoring the report of Joint Director(prosecution). He vehementally contended that the order dated 17.10.2024 is contrary to law and no such order could be passed.
4. It is also pressed that the respondent no.4 was having no jurisdiction to pass an order for re-medical examination and states that the additional evidence had been created lateron and tried to be created in the light of the impugned order.
4. In pith and substance, the petitioner's grievances till date the actual investigation in a free manner had not been ensured and additional evidence which were created under the influence the accused persons and in this backdrop, the orders impugned is under challenge.
5. Per contra, learned A.G.A.-I states that in view of the Govt.
Order, the order impugned is justified, but at the same time, he fairly states that in case a direction is issued for free and fair
investigation definitely the same would be ensured in accordance with law.
6. Considering the factual situation at this stage, we are no inclined to make any observation qua the order impugned suffice to indicate the investigation must be ensured in free and fair manner but certainly under the supervision of Senior Superintendent of Police, Mathura.
7. With the aforesaid mandate the present writ petition stands dispose of.
Order Date :- 23.1.2025 Abhishek Sri. Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad