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2025 DAILYLAW 44134 (ALL)

ABHINAV KUMAR SHUKLA v. STATE OF U.P. AND 4 OTHERS

CRLP/7807/2025 · 2025-04-22

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61361-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7807 of 2025 Petitioner :- Abhinav Kumar Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Kesari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. Present writ petition under Article 226 Constitution of India inter-alia with following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents concerned to conclude the investigation in Case Crime No.0678/2019, under Section 420, 467, 468, 471 IPC, P.S. Colonelgang, District Prayagraj expeditiously, preferably within a stipulated period. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents concerned to investigate the offence in Case Crime No.0678/2019, under Section 420, 467, 468, 471 IPC, P.S. Colonelgang, District Prayagraj, by any independent Agency to ensure the fair and impartial investigation as guaranteed under Article 21 of the Constitution of India." 3. In view of the order proposed to be passed, notice need not to be issued to the private respondents. 4. Learned counsel for the petitioner vehemently contended that the impugned FIR was lodged way back in the year 2019. Inspite of sufficient time till date the fair investigation has not been ensured and as such, the petitioner is suffering irreparable loss and injury. 5. Per contra, Shri Gaurav Kumar Singh, learned A.G.A., on instructions, states that investigation is in progress. 6. Considering the facts and circumstances, we are constraint to observe that for indefinite period the investigation cannot go on. Accordingly, we dispose of the writ petition with an observation that investigation must be finalized expeditiously in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 23.4.2025/A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad