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Neutral Citation No. - 2025:AHC:87767-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10628 of 2025 Petitioner :- Manmohan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhanu Pratap Verma Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Bhanu Pratap Verma, learned counsel for the petitioner as well as Sri Pankaj Kumar, learned AGA appearing for the State respondents. 2. Present petition has been filed with a prayer to direct the respondent no. 2 and 3 to conduct the fair and proper investigation in pursuance of the impugned FIR dated 5.7.2023, registered as Case Crime No. 207 of 2023, under Sections 307, 504, 506 IPC, P.S. Pream Nagar, District Bareilly. 3. Petitioner earlier approached this Court by filing a writ petition (Criminal Misc. Writ Petition No. 6271 of 2024, Manmohan Singh vs. State of UP and 3 others) with the same relief, which was dismissed by a coordinate Bench of this Court vide order dated 24.4.2024, which is quoted as under:
"1. Heard learned counsel for the petitioner and learned AGA for the State. 2. The petitioner approached this Court with the prayer for re-investigation in Case Crime No. 0207 of 2023, under Section 307, 504 and 506 IPC, Police Station- Prem Nagar, District- Bareilly. 3. This relief cannot be granted by this Court. The petitioner may approach the Magistrate concerned in this regard praying for further investigation which shall be considered by the Magistrate concerned. 4. The petition is misconceived and, is accordingly, dismissed."
4. In such view of the matter, present petition is not maintainable. 5. We further find that in the first paragraph of present petition it has been stated that this is the first petition filed by the petitioner. Statement appears to be incorrect. 6. We further find that subsequent to the order dated 24.4.2024 quoted above, the petitioner has filed an application before the court below along with copy of the aforesaid order and by order dated 10.5.2024 further investigation was directed. The order of subsequent dates are
not on record and it is not known as to whether what transpired subsequently. 7. Under such circumstances, the petitioner has already availed the remedy as observed earlier by this Court, therefore, we do not find any good ground to entertain present petition.
However, petitioner is left open to approach the court concerned again in pending proceedings as reflected at annexure 5 to the petition for follow up action. 8. Present petition is accordingly disposed of. Order Date :- 23.5.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad