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2025 DAILYLAW 61416 (ALL)

KUSUM DEVI v. STATE OF U.P. AND 3 OTHERS

CRLP/10411/2025 · 2025-05-20

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85758-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 10411 of 2025 Petitioner :- Kusum Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Pandey,Shivendra 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 relief: "(I). Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 and 3 and ensure the arrest of respondent No. 4 to conducted the fair and transparent investigation against the First Information Report dated 23.3.2025 in Case Crime No. 152 of 2025, under Sections 69, 108 of B.N.S. and 3/4 of D.P. Act, Police Station- Nawabganj, District- Prayagraj by him or to any independent investigation agency within stipulated period or which may be fixed by this Hon'ble Court. (II). To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the aforesaid facts and circumstances of the case. (III). To 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 23.3.2025, 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 Police Commissioner, Police Commissionarate, District-Prayagraj, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the Police Commissioner, Police Commissionarate, District- Prayagraj, the Police Commissioner, Police Commissionarate, District- 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 :- 21.5.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad