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Neutral Citation No. - 2025:AHC:89627-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 9786 of 2025 Petitioner :- Dharmavir Nath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhinav Dwivedi Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
2. The instant writ petition has been filed by the petitioner for the following reliefs:-
"(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to ensure fair investigation by the respondent no.3 in Case Crime No. 95 of 2025, under Sections 137(2), 131, 35(2) of B.N.S. and Sections 3(2)(v), 3(1)(r) of SC/ST (Prevention of Atrocities) Act, 1989, Police Station Indergarh, District Kannauj during the penendcy of this writ petition before this Hon'ble Court, so the ends of justice may be done; (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to recover the petitioner's daughter/ victim in pursuance of the impugned F.I.R. dated 03.04.2025 lodged in Case Crime No. 95 of 2025, under Sections 137(2), 131, 35(2) of B.N.S. and Sections 3(2)(v), 3(1)(r) of SC/ST (Prevention of Atrocities) Act ,1989, Police Station Indergarh, District Kannauj. (c) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to ensure security and safely to the complainant/ petitioner including his family members from the accused persons; (d) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case (e) award the cost of the petition in favour of the petitioner."
3. Learned counsel for the petitioner has submitted that the petitioner is the first informant in the present case and
though the F.I.R. in the instant case has been registered on 03.04.2025, yet the police is not investigating the case in fair and impartial manner.
4. In view of the above, the petitioner may move an application before the respondent no.2- Superintendent of Police, Kannauj, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved by the petitioner, respondent no.2- Superintendent of Police, Kannauj shall ensure the fair, impartial and expeditious investigation in the present case.
5. With the aforesaid order, the present writ petition stands
disposed of.
Order Date :- 26.5.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad