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2025 DAILYLAW 57695 (ALL)

SMT. PRABHAWATI DEVI v. STATE OF U.P. AND 6 OTHERS

CRLP/9826/2025 · 2025-05-15

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81485-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9826 of 2025 Petitioner :- Smt. Prabhawati Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashutosh Kumar Tiwari,Ram Bilas Yadav 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 learned AGA for the State. 2. This writ petition is preferred praying for the following principal relief: "a) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 & 3 to arrest and take necessary action against the respondent No.4 to 7 in pursuance of the First Information Report dated 09.04.2025 registered as Case Crime No.0165 of 2025, Under Sections 61(2), 90, 103, 305 of Bhartiya Nyayh Sanhita, 2023 of Police Station- Chauri Chaura, District- Gorakhpur and also direct the respondent No.1 to transfer case before other investigating officer for free and fair investigation of the case. b) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 & 3 to produce the progress report before this Hon'ble Court in First Information Report dated 09.04.2025 registered as Case Crime No.0165 of 2025, Under Sections 61(2), 90, 103, 305 of Bhartiya Nyayh Sanhita, 2023 of Police Station- Chauri Chaura, District- Gorakhpur." 3. It is stated that fair investigation is not being conducted on account of influence exercised by the accused persons. 4. Learned AGA, on the other hand, states that such aspects shall be examined by the second respondent, at the first instance. 5. In the facts of the case, we permit the petitioner to approach the Senior Superintendent of Police, Gorakhpur highlighting her grievance, who shall call for records and will ensure that a fair and impartial investigation, in accordance with law, is conducted and concluded, expeditiously, preferably within a period of three months from the date of presentation of a certified copy of this order. 6. With the above observations/directions, this writ petition stands disposed of. Order Date :- 16.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad