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2025 DAILYLAW 76772 (ALL)

PREM CHANDRA v. STATE OF U.P. AND 8 OTHERS

CRLP/16069/2025 · 2025-10-08

Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 16069 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant writ petition has been filed by petitioner seeking a writ of mandamus commanding and directing the respondent nos. 1 to 3 to conduct the fair, effective and impartial Investigation by any other reliable Investigating Agency and the respondent nos. 6, 8 and 9 may be arrested and sent to judicial custody in Case Crime No. 085 of 2025, under Section 103 (1), Police Station Kaptanganj, District Basti. 2. Pursuant to the order dated 26.09.2025 passed by the co-ordinate Bench of this Court, S.H.O. Alok Kumar Srivastava, Police Station Kaptanganj, District Basti, P.N.O. No. 132680138 personally appeared before this Court. His Personal appearance is exempted until further order of this Court. 3. Learned A.G.A. has also placed the counter affidavit during arguments before the Court, which is taken on record. 4. Learned counsel appearing on behalf of State submitted that investigation has already been completed in the instant matter and after completion of investigation, charge sheet has already been filed and the concerned Court has already taken cognizance in the matter. Learned counsel appearing on behalf of State submitted that since the charge sheet has already been filed before the concerned Court and the Court concerned has taken cognizance, therefore, nothing is left for further adjudication. 5. Sri Ram Lalit Chaudhary and Sri S. N. Verma, learned counsel appearing on behalf of petitioner have not contradicted the aforesaid facts as stated by learned A.G.A. However, they submitted that petitioner may be given liberty to file appropriate application before appropriate Court to challenge the charge sheet or cognizance order. 6. Heard Sri Ram Lalit Chaudhary and Sri S. N. Verma, learned counsel Versus Counsel for Petitioner(s) : Ram Lalit Chaudhary, Sakshi Patel, Vijay Kumar Singh Counsel for Respondent(s) : G.A. Prem Chandra .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) appearing on behalf of petitioner as well as learned A.G.A. appearing on behalf of State and perused the record. 7. Since the charge sheet has been filed and cognizance has been taken by the Court concerned, no purpose would be served by keeping the petition pending, the petitioner is at liberty to approach the appropriate Court for seeking appropriate relief as prayed. 8. With the aforesaid observations, the writ petition is disposed of. October 9, 2025 AKT CRLP No. 16069 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad