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2025 DAILYLAW 66542 (ALL)

OMKAR NATH TIWARI v. STATE OF U.P. AND 4 OTHERS

CRLP/12004/2025 · 2025-07-06

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105876-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 12004 of 2025 Petitioner :- Omkar Nath Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Mani Tripathi 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 commanding/directing the respondent no. 2 and 3 to arrest the respondent no. 4 and 5, who are the named accused in the first information report dated 21.3.2025 (Annexure No. -1 to the writ petition) registered as Case Crime No. 67 of 2025, Under Section 137(2), 352, 351(2) of B.N.S., Police Station- Vishunpura, District- Kushi Naagr. (ii) issue a writ, order or direction in the nature of mandamus commanding/directing the respondent No. 2 and 3 to conduct and conclude the fair investigation within the stipulated period and further to produce the progress report before this Hon'ble Court within the stipulated period as fixed by this Hon'ble Court. (iii) issue any other writ, order or direction in suitable nature which Hon'ble Court may deem fit and proper under facts and circumstances of the case." 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 21.3.2025, 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 Superintendent of Police, Kushi Nagar, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the Superintendent of Police, Kushi Nagar, the Superintendent of Police, Kushi Nagar/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 :- 7.7.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad