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Neutral Citation No. - 2025:AHC:117774-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13115 of 2025 Petitioner :- Muzaffar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Harish Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner and the A.G.A. for the State. The present petition has been filed praying for the following reliefs:
"(i) Issue a writ order or direction in the nature of MANDAMUS directing the respondent nos. 2 and 3 to ensure the Free And Fair Investigation into the Case Crime No. 0085 of 2025, Under Section 3/5A/8 Cow Slaughter Act and 11 Animal Cruelty Act, Police Station Phoolpur, District Prayagraj, dated 10.03.2025, properly in impartial manner by any independent/responsible police officer other than the Respondent No.4. (ii) Issue an ad-intrim 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. 0085 of 2025, Under Section 3/5A/8 Cow Slaughter Act and 11 Animal Cruelty Act, Police Station Phoolpur, District Prayagraj, dated 10.03.2025." A short counter affidavit has been filed by the Additional Government Advocate disclosing in Paragraphs 6 and 7 of the short counter affidavit that Bhappi Soni, i.e., respondent no. 4 and previously the Investigating Officer in the case, is no more Investigating Officer in the case and the investigation of the case was transferred from the present respondent no. 4 and entrusted to Mr. Paras Kumar, the Additional Inspector, Police Station Phoolpur, Commissionerate Prayagraj on
3.4.2025. Subsequently, the investigation was also transferred from Mr. Paras Kumar to Mr. Sachindra Yadav, the Additional Inspector of Police Station Phoolpur, District Prayagraj on 1.7.2025. In view of the aforesaid, the prayer no. (i) has become infructuous. No grounds have been made out in the writ petition for changing the investigating agency in the case. The case is at present being investigated by the U.P. Police and we find no reason to transfer the case from U.P. Police to some other investigating agency. With the aforesaid observations, the writ petition is dismissed. Order Date :- 21.7.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad