Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 58931 (ALL)

SMT. MANOJ KUMARI v. STATE OF U.P. AND 3 OTHERS

CRLP/10034/2025 · 2025-05-16

Harvir Singh, Rajiv Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:82089-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 10034 of 2025 Petitioner :- Smt. Manoj Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saroj Giri 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 relief: "(i) issue writ, order or direction in the nature of mandamus commanding and directing the respondent Nos.1 & 2 to appoint an independent Special Investigation Team comprising of Senior Officers headed by a competent person or authority of impeccable credentials to conduct an investigation into the present case, which registered as Case Crime No. 156 of 2024, under Sections 363, 366 IPC, Police Station Koraon, Commissionerate Prayagraj and to take all necessary consequential steps/ actions pertaining to the arrest of the accused persons i.e. respondent no.4. (ii) issue writ order or direction, in the nature of mandamus directing the respondents to arrest accused- respondent no.4 forthwith and to file charge-sheet against the accused-respondent no.4 after conducting fair and impartial investigation of Case Crime No. 156 of 2024, under Section 363, 366 of IPC, Police Station Koraon, Commissionerate Prayagraj. (iii) issue writ order or direction, in the nature of mandamus directing the respondents for further investigation supervised by the higher official of the Police Department or any other independent investigating agency into the aspects contained in the present contained in the present writ petition as per the situation of the case. (iv) issue any other order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. (v) award the cost of the petition in favour of the petitioner." 3. Learned counsel for the petitioner submits that the petitioner is the first informant in the present case and though the FIR in the instant case has been registered on 17.06.2024, 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 Commissioner of Police, Commissionerate, Prayagraj, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the Commissioner of Police, Commissionerate, Prayagraj, the Commissioner of Police, Commissionerate, Prayagraj/respondent no. 2 shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present petition stands disposed of. Order Date :- 17.5.2025 Subham Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad