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Neutral Citation No. - 2025:AHC:6210-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 411 of 2025 Petitioner :- Rambhajan Bind Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ashish Kumar Mishra,Santosh Kumar Rai Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ms. Nand Prabha Shukla,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:
"I. To issue a writ order or direction in the nature of MANDAMUS directing the respondent No.2 and 3 to properly investigate the Case Crime No. 118 of 2024 Section 85, 80(2), 123 of B.N.S. & 3/4 of D.P. Act Police Station Nonhara, District -Ghazipur, as earliest within stipulated time, as fixed by this Hon'ble Court. II. To issue a writ order or direction in the nature of MANDAMUS directing to the respondent No.2 and 3 to change the Investigating Officer of present Case Crime No.118 of 2024 Under Section 85, 80(2), 123 of B.N.S. & 3/4 of D.P. Act Police Station Nonhara, District -Ghazipur and assured the fair and proper investigation by independent agency and also direct to the concern police to arrest the accused persons as soon as possible."
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 Superintendent of Police, Ghazipur highlighting his 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 :- 15.1.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad