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Neutral Citation No. - 2025:AHC:79728-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9298 of 2025 Petitioner :- Jaydayal Chaudhary Respondent :- State Of U.P. And 9 Others Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioner and Shri Umesh Dwivedi, learned A.G.A.-I for the State respondents.
2. The instant writ petition has been preferred for the following relief:
"A. Issue a writ order or direction in nature of mandamus commanding and transfer the investigation for further investigation in case crime no. 1058/2022, Under section- 302, 364, 504, 506 IPC. P.S- Cantt District- Gorakhpur. ( State v/s Shaila Devi and others ) from the police station Cantt, District- Gorakhpur to the other police station in the District- Gorakhpur or CBCID or other crime branch. B. Issue a writ order or direction in nature of mandamus commanding and directing the to the principal secretary Home, at Lucknow (U.P.) (Respondent no. 1) decide an application dated 05.03.2025 filed by the petitioner within stipulated period fixed by this Hon'ble court. Or pass such other and further order may deem fit under facts and circumstances of the case, Other wise applicant will be suffer irreparable loss and injury."
3. The aforesaid relief is opposed by Shri Umesh Dwivedi, learned A.G.A.-I, who, on the basis of instructions, submits that the impugned FIR pertains to the year 2022, and although the final report has been submitted twice, further investigation was carried out pursuant to a protest, and once again, a final report has been submitted on 21.10.2024.
4. In view of above, we are not inclined to proceed further in the matter. Needless to say, in case the petitioner is aggrieved, he may avail the remedy as available in law.
5. The writ petition stands disposed of accordingly. Order Date :- 15.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad