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Neutral Citation No. - 2025:AHC:114805-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 12862 of 2025 Petitioner :- Chhote Lal Maurya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Maiku Lal Maurya,Varun Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This writ petition has been filed praying for following relief :-
" (i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to transfer the investigation of Case Crime No.56 of 2025, under Section 103(1), 315 of B.N.S, Police Station Husainganj, District Fatehpur to C.B.C.I.D or any other independent agency. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to conclude the fair and proper investigation in Case Crime No.56 of 2025, under Section 103(1), 315 of B.N.S, Police Station Husainganj, District Fatehpur within stipulated time, which this Hon'ble Court may deem fit and proper. "
Learned counsel for the petitioner submits that the Investigating Officer of this case, respondent no.5, police station Husainganj, District Fatehpur has exonerated all the three named accused namely, Vinod Singh, Rinku Singh and Sanjay Singh, who were named by the petitioner in the first information report as accused and instead two persons namely, Pawan Trivedi and Sachin Tiwari have been implicated as accused in this case. He further submits that local police is not conducted fair investigation and real accused have been exonerated. In the counter affidavit filed on behalf of the Harkesh Kumer Rai, Sub Inspector of Police Station Husainganj, District Fatehpur, who appears to be Investigating Officer of this case has justified the implication of Pawan Trivedi and Sachin Tiwari, who have already been arrested and sent to jail. In the counter affidavit it has also been averred that charge-sheet has been filed against Pawan Tiwari and Sachin Tiwari by the Investigating Officer on 11.06.2025 when writ petition was filed on 09.06.2025. In view of the above factual situation, it is open for the petitioner to approach the court concerned praying for further investigation in this matter and transfer of investigation to another investigating agency.
Petitioner undertakes to file appropriate application before the court within a week. If same is filed within a week, the court concerned shall look into the matter and pass appropriate order within two weeks thereafter. Petition stands disposed of.
Order Date :- 16.7.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad