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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 15399 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. 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 and directing the respondent No.2 to transfer the investigation of the aforesaid Case Crime No.106 of 2025 under Section 333, 352, 351(3), 127(2), 329(3) BNS, P.S. Nawabganj, District Kanpur Nagar to any other nearby district or agency. (ii) issue writ, order or direction, in the nature of mandamus directing the respondent no.2 and 3 to conduct free and fair investigation in pursuance of the First Information Report dated 17.05.2025 in Case Crime No.106 of 2025 under Section 333, 352, 351(3), 127(2), 329(3) BNS, P.S. Nawabganj, District Kanpur Nagar. (iii) issue any other order or direction in the nature of mandamus directing the respondent no.2 and 3 to confiscate the passport of the respondent no.5, during the pendency of investigation. (iv) issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (v) award the cost of the petition in favour of the petitioner."
3. Learned counsel for the petitioner submits that the petitioner is the first informant in the present case and though the FIR in the instant case has been registered on 17.05.2025, 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 Commissioner of Police, Police Commissionerate Kanpur Nagar, highlighting his grievance and seeking fair and Versus Counsel for Petitioner(s) : Gaurav Pratap Singh Counsel for Respondent(s) : G.A. Smt. Suhaila Saif .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
impartial investigation and if such an application is moved before the Commissioner of Police, Police Commissionerate Kanpur Nagar/respondent no.3, he shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present petition stands disposed of.
September 8, 2025 A. Pandey CRLP No. 15399 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad