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2025 DAILYLAW 62966 (ALL)

BAL KISHAN AGARWAL v. STATE OF U.P. AND 6 OTHERS

CRLP/10945/2025 · 2025-05-27

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91899-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10945 of 2025 Petitioner :- Bal Kishan Agarwal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajay Singh Sengar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned AGA for State respondents. 2. In pith and substance, the instant writ petition has been preferred for a direction to respondents to ensure free and fair investigation of Case Crime No.665 of 2024 under Section 329 (3), 329 (4), 352, 351 (2) BNS, P.S. Sadar Bazar, Distt. Agra. 3. It is contended that the mother of the petitioner namely Munni Devi had preferred Suit No.712 of 1986, which was decreed in her favour. Later on Execution Case No.21 of 2001 was also instituted, which was allowed and the possession of property in question was handed over in favour of the petitioner through police force. It is alleged that later on the defendants (respondents herein) has broken the lock of the premises and entered therein forcefully. Such situation has impelled the petitioner to lodge the impugned FIR. 4. Learned counsel for the petitioner, in this backdrop, has confined his prayer for a direction to the respondents to ensure fair investigation of the case crime in question. It is alleged that fair investigation is not being conducted on account of influence exercised by the accused persons. An apprehension has been shown by the petitioner that either the police is protecting the accused or is not interested to take any action against them. 5. Learned A.G.A. submits that the police authorities are under the obligation to do the investigation fairly, impartially and expeditiously and the same would be done in accordance with law. 6. Considering the facts and circumstances of the case, the present petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously under the supervision of jurisdictional Deputy Commissioner of Police. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 28.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad