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Neutral Citation No. - 2025:AHC:61362-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7752 of 2025 Petitioner :- Smt. Rita Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gauri Shanker Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard Sri G.S. Mishra, learned counsel for the petitioner and learned A.G.A. for the State respondents.
2. The instant writ petition is preferred under Article 226 of Constitution of India for direction commanding the respondents to ensure free and fair investigation of Case Crime No.445 of 2021 under Sections 498-A, 507, 306 and 120-B I.P.C., P.S. Sikandra, District Agra, which is pending for last more than three years and nine months.
3. Learned counsel for the petitioner states that in the impugned FIR, two persons namely Upendra Nath and Rashmi Rawat had been named. Even though against Upendra Nath, the police report under Section 173 (2) Cr.P.C. (now Section 193 (3) of BNS) had been submitted but inspite of sufficient time, till date the investigation has not been concluded quo the complicity of Rashmi Rawat.
3. Learned A.G.A. states that the investigation is still pending and some breathing time may be accorded to get current status of the investigation.
4. Considering the factual situation, we are not inclined to keep the matter pending consideration.
5. Accordingly, the present petition is disposed of with observation that the investigation must be finalised fairly, impartially and expeditiously and preferably within a period of three months from the date of receipt of a certified copy of this order.
6. It is made clear that this Court has not expressed any opinion on the merits of the case and the Competent Authority/Investigating Officer to act strictly in accordance with law. . (Anil Kumar-X, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 23.4.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad