SMT. SHAYRA BANO v. THE STATE OF U.P. AND 9 OTHERS
CRLP/10410/2025 · 2025-05-20
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61636 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61636 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:85280-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 10410 of 2025 Petitioner :- Smt. Shayra Bano Respondent :- The State Of U.P. And 9 Others Counsel for Petitioner :- Diwakar Tiwari 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. 2 and 3 to ensure the fair, impartial and proper investigation in pursuance of the first information report dated 1.5.2025, registered as Case Crime No. 412 of 2025, under Sections 103(1) and 61(2) of B.N.S., P.S. Kotwali Nagar, District-Banda. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 & 3 to take appropriate action against the private respondent nos. 4 to 10 in Case Crime No. 412 of 2025, under Sections 103(1) and 61(2) of B.N.S., P.S. Kotwali Nagar, District-Banda. (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 01.05.2025, 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 S.P, Banda, District Banda, highlighting her grievance and seeking fair and impartial investigation and if such an application is moved before the S.P., Banda, District Banda, the S.P., Banda, District Banda/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 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad