Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:136377-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 12530 of 2025 Petitioner :- Muzaffar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Harish Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Santosh Rai,J.
1. Heard Learned counsel for petitioner and learned AGA for State.
2. This writ petition has been filed praying for following reliefs:-
"(i) Issue an ad-interim mandamus directing the respondent no.2 and 3 to ensure free and fair investigation in the Case Crime No.0062 of 2025, under Sections- 3/5A/8 C.S. Act and 61(2) B.N.S., Police Station- Soraon, District- Prayagraj, dated 20.3.2025, by any independent/responsible police officer other than the respondent no.4 in pursuance to impugned FIr in Case Crime No.0062 of 2025, under Sections- 3/5A/8 C.S. Act and 61(2) B.N.S., Police Station- Soraon, District- Prayagraj, dated 20.3.2025 (Annexure No.1 to the writ petition) during the pendency of the present writ petition before this Hon'ble Court. (ii) And/or pleased to issue an ad-interim mandamus directing the respondent no.1 to change the investigating agency and pass it to a higher/independent agency in pursuance of the impugned FIR arising out of Case Crime No.0062 of 2025, under Sections- 3/5A/8 C.S. Act and 61(2) B.N.S., Police Station- Soraon, District- Prayagraj, dated 20.3.2025."
3. Regarding prayer no.2, Sri Pankaj Saxena, learned AGA Ist has pointed out that there is no averment made in the writ petition in respect of the prayer no.2, therefore, it cannot be granted to the petitioner.
4. Regarding prayer no.1, this petition is disposed of with direction to the Investigating Officer to make all efforts of completing the investigation within statutory period.
5. In case of failure, it shall be open for the petitioner to approach the Trial Court for monitoring the investigation as per judgement of the Apex Court in the case of Sakiri VasuVs. State of U.P. LAWS(SC)-2007-12-69. Order Date :- 12.8.2025/RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad