BHARAT SINGH AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
CRLP/9117/2025 · 2025-08-18
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54609 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54609 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:140890-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 9117 of 2025 Petitioner :- Bharat Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Pratap Pal Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Rejoinder affidavit, filed today in Court, is taken on record. 2. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 3. The instant writ petition has been filed by the petitioners for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus directing to transfer the investigation of the Case Crime No. 03 of 2025, Police Station Dakor, District jalaun to any other independent investigating agency to ensure its free and fair investigation. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to harass, threaten or arrest the petitioners in pursuance to the F.I.R. dated 10.01.2025 lodged in Case Crime No. 03 of 2025, now proceeds Under Sections 230 and 105 of B.N.S., P.S. Dakor, District-Jalaun. (iii) Issue any other writ, order or direction, which this Hon'nle Court may deem fit and proper under the facts and circumstances of the case. (iv) Award the cost of the writ petition in favour of the petitioners."
4. Learned counsel for the petitioners has submitted that the petitioners have absolutely no role to play in the instant case and the police is not investigating the case in a fair and impartial manner, therefore, the investigation be transferred to some other
agency. 5. Learned A.G.A. has vehemently opposed the said prayer and submitted that the police is investigating the case in fair and impartial manner and ample material has been collected against the petitioner no. 2, showing his involvement in the instant case. The investigation is still in progress and the police is collecting the cogent material, therefore at this stage, no interference is required by this Court. 6.
Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the material collected during the course of investigation and keeping in view the fact that the investigation is still in progress and cogent material is being collected against the petitioners, we are not inclined to exercise our discretionary jurisdiction Under Article 226 of the Constitution of India and there is absolutely no reason to interfere in the ongoing of investigation at this stage. 7. The present writ petition is devoid of merits and is accordingly dismissed. Order Date :- 19.8.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad