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2025 DAILYLAW 52198 (ALL)

RAKESH BABU PAL v. STATE OF U.P. AND 6 OTHERS

CRLP/8721/2025 · 2025-05-08

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75345-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8721 of 2025 Petitioner :- Rakesh Babu Pal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Monika Pal 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 Shri G.P. Singh, learned AGA-I for the State respondents. 2. The instant writ petition is preferred praying for the following relief: "i) issue a writ, order or direction in the nature of mandamus commanding the respondents- authorities 1 to 3 to conduct the fair investigation and conclude the investigation in pursuance of F.I.R. dated 24.1.2025 registered as Case Crime No. 064 of 2025, under section 87 of B.N.S., Police Station Auraiya, District- Auraiya within some stipulated period of time as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case (annexure no.1 to this writ petition). ii) issue a writ order or direction in the nature of mandamus commanding and directing the respondents-authorities to recover the girl of the petitioner and hand over to her parents in pursuance of F.I.R. dated 24.1.2025 registered as Case Crime No. 064 of 2025, under section 87 of B.N.S., Police Station Auraiya, District- Auraiya." 3. Shri Pradeep Chaudhary, holding the brief for learned counsel for the petitioner, vehemently contended that the petitioner’s daughter has been missing since 24.01.2025 and, till date, neither she has been recovered nor any significant progress has been made in the ongoing investigation of the aforementioned case crime. This situation compelled the petitioner to invoke the writ jurisdiction of this Court for appropriate directions to ensure her early recovery. 4. Ms. Divya Ojha, learned AGA-I, on instructions, states that although the F.I.R. was lodged against unknown persons, four individuals have now been implicated in the matter. The investigating officer has already recorded the statement of one of the accused, who has assured full cooperation in the ongoing investigation. 5. Considering the factual situation, we cannot allow indefinite indulgence to the State-respondents. It is the duty of the Superintendent of Police, District Auraiya, to ensure that the investigation is carried out in a free and fair manner, and that too expeditiously. 6. In light of the facts and circumstances of the case, the instant writ petition is disposed of with the observation that the investigation shall be conducted in a free and fair manner under the direct supervision of the Superintendent of Police, Auraiya. Every serious effort must be made to ensure the recovery of the girl. We further direct that the investigation shall be completed within two months from the date of presentation of a certified copy of this order. In case the investigation is not completed within the stipulated period, the petitioner shall be at liberty to move an application for recall of this order or to file a contempt petition for non-compliance. Order Date :- 9.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad