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2025 DAILYLAW 76383 (ALL)

RAJENDRA KUMAR GAUR v. STATE OF U.P. AND 2 OTHERS

CRLP/15273/2025 · 2025-08-06

Rajiv Gupta, Tej Pratap Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133851-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 15273 of 2025 Petitioner :- Rajendra Kumar Gaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Gaur Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Tej Pratap Tiwari,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 reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents- Police Authorities to investigate F.I.R dated 10.04.2025 bearing Case Crime No. 0139 of 2025, under Sections 109, 110, 190, 190(3), 118, 351(2), 352, 333 of B.N.S., Police Station Phoolpur, District Prayagraj. (ii) Issue any writ, order or direction of suitable nature directing the respondents to arrest the accused persons in pursuant to the present F.I.R. iii) To issue any other writ order or direction which this Court may deem fit and proper under the fact and circumstances. iv) To award the cost of the writ petition." 3. Learned counsel for the petitioner has submitted that the petitioner is the first informant in the present case and though the F.I.R. in the instant case has been registered on 10.04.2025, 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 respondent no.2- Commissioner of Police, Commissionerate, Prayagraj highlighting his grievance and seeking fair and impartial investigation and if such an application is moved by the petitioner, respondent no.2- Commissioner of Police, Commissionerate, Prayagraj, shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present writ petition stands disposed of. Order Date :- 7.8.2025/PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad