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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 15040 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J.
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. Personal affidavit filed by Superintendent of Police, Ballia today in the Court, has been taken on the record. 3. 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 the respondent No.2 & 03 or authority concerned to conduct the fair, proper and impartial investigation in pursuance of the First Information Report dated 15.01.2025 arising out of Case Crime No.06 of 2025, under Sections 137(2), 87, 352 and 351 (2) of B.N.S., 2023, Police Station- Khejuri, District- Ballia to recover/release her daughter-abductee who has been kidnapped by respondent no.04, forthwith. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos.02 & 03 to ensure arrest of respondent No.04 in pursuance of the First Information Report dated 15.01.2025 arising out of Case Crime No.06 of 2025, under Sections 137(2), 87, 352 and 351 (2) of B.N.S., 2023, Police Station- Khejuri, District- Ballia. (iii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the instant case. (iv) award the cost of the petition in favour of the petitioner."
4. Learned A.G.A. has pointed out that in the instant matter, victim has been recovered and her statement under Section 180 B.N.S.S. has already been recorded and her custody has been restored to her mother and the Versus Counsel for Petitioner(s) : Devottam Pandey Counsel for Respondent(s) : G.A. Sunita Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
investigation is still in progress. 5. Learned counsel for the petitioner could not dispute the fact and he submits that writ petition be disposed of with a direction to the S.P. Ballia to investigate the matter in fair and impartial manner. 6. In view of the above, the petitioner may move an application before the Superintendent of Police, Ballia, highlighting her grievance and seeking fair and impartial investigation and if such an application is moved before the Superintendent of Police, Ballia,/respondent no.
2 shall ensure the fair, impartial and expeditious investigation in the present case. 7. With the aforesaid order, the present petition stands disposed of. September 8, 2025 Sachin CRLP No. 15040 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad