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2025 DAILYLAW 44679 (ALL)

RITESH SINGH v. STATE OF U.P. AND 5 OTHERS

CRLP/9223/2025 · 2025-05-07

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74282-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9223 of 2025 Petitioner :- Ritesh Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajiv Chowdhury 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. This writ petition is preferred praying for the following principal relief: "1- Issue a writ order or direction in the nature of mandamus commanding the respondents to ensure the fair and impartial investigation in Case Crime No.440 of 2024 under section 74, 333, 115(2), 352, 351(2) B.N.S. and section 7/8 POCSO Act, P.S. Bhelupur, District Varanasi. II- Issue a writ order or direction in the nature of mandamus commanding the respondents to transfer the investigation of present case i.e. Case Crime No.440 of 2024 under section 74, 333, 115(2), 352, 351(2) B.N.S. and section 7/8 POCSO Act, P.S. Bhelupur, District Varanasi from Police Station Bhelupur, District Varanasi to other police station of District Varanasi or Crime Branch Varanasi to ensure fair investigation in the present case." 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 concerned Deputy Commissioner of Police, Varanasi, at the first instance. 5. In the facts of the case, we permit the petitioner to approach the concerned Deputy Commissioner of Police, Varanasi highlighting his grievance, who shall call for records and will ensure that a fair and impartial investigation, in accordance with law, is 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 :- 8.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad