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Neutral Citation No. - 2025:AHC:86551-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 8799 of 2025 Petitioner :- Dayanand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Singh,Upasna Verma Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. The instant writ petition has been filed by the petitioner for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing to the respondent No. 2 shall transfer the investigation from another police station except Police Station Belipar for further investigation of Case Crime No. 0155 of 2021, under Sections 302, 420, 467 IPC, Police Station Belipar, District- Gorakhpur and the same may be concluded within stipulated period provided by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to consider and decide the application dated 15.4.2025 (filed as annexure no. 4 to this writ petition). (iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. Learned counsel for the petitioner has submitted that the petitioner is the first informant in the instant case and the first information report has been registered vide Case Crime No. 155 of 2021, under Sections 302, 420, 467 IPC, P.S. Belipar, District- Gorakhpur against the nominated accused persons. Pursuant to the said FIR, the police investigated the matter and submitted the final report against all the nominated accused persons.
4. It has been further submitted that when the said final report was placed before the Magistrate concerned, the learned Magistrate vide his order dated 21.12.2023, has directed for further
investigation, which is said to be still pending. The matter is subjudice before the Magistrate concerned.
5. In the facts and circumstances of the case, no further direction is required to be given by this Court.
6. The present writ petition is wholly misconceived and is accordingly dismissed at this stage. Order Date :- 22.5.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad