Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 60317 (ALL)

ANUJ KUMAR v. STATE OF U.P. AND 6 OTHERS

CRLP/10406/2025 · 2025-05-20

Harvir Singh, Rajiv Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:85413-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 10406 of 2025 Petitioner :- Anuj Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amrendra Pratap Singh 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: "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent nos. 1 and 2 to transfer the investigation of Case Crime No. 26 of 2025, under Sections 376(2)(n), 328, 313, 506, 420, 120B I.P.C. and Section 5j (ii) and 6 of POCSO Act, P.S. Reuna, District-Southern (Commissionerate Kanpur Nagar) to C.B.I., other police station or any other agency, except local police for fair and impartial investigation. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 4,5 and 6 not to take any coercive method against the petitioner and his family members in pursuance of the first information report dated 1.4.2025 lodged by respondent no. 7 against the petitioner and others as Case Crime No. 26 of 2025, under Sections 376(2)(n), 328, 313, 506, 420, 120B I.P.C. and section 5j(ii) and 6 of POCSO Act, P.S. Reuna, District-Sourthern (Commissionerate Kanpur Nagar). (iii) Issue any other writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of the writ petition to 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 24.08.2024, 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, Kanpur Nagar, District Kanpur Nagar, highlighting her grievance and seeking fair and impartial investigation and if such an application is moved before the Commissioner of Police, Kanpur Nagar, District Kanpur Nagar, the Commissioner of Police, Kanpur Nagar, District Kanpur Nagar/respondent no. 4 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 :- 21.5.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad