Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 80617 (ALL)

PRAVEEN MISHRA v. STATE OF UTTAR PRADESH AND 4 OTHERS

CRLP/16444/2025 · 2025-10-07

Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 16444 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 the petitioner seeking a direction in the nature of mandamus commanding the respondents to ensure fair investigation in FIR No. 172 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Sarai Inayat, District Prayagraj within a determinate period of time. 2. Learned counsel for the petitioner submitted that the petitioner is the informant and also the victim in the instant case. He has lodged the instant FIR bearing no. 172 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C. against the alleged accused, namely, Ashutosh Tripathi, Santosh Tripathi and Ashwani Tripathi. It is further submitted by the learned counsel for the petitioner that the aforesaid FIR has been lodged in the year 2022 but the investigation has not yet been completed and charge-sheet has also not been submitted by the Investigating Officer. It has also been submitted that the non bailable warrant of arrest has already been issued by the Court concerned and proceedings under Section 82 of the Cr.P.C. has also been initiated against the alleged accused persons. He further submits that without informing the informant, the Versus Counsel for Petitioner(s) : Ajay Kumar Jagdish, Ashutosh Shukla Counsel for Respondent(s) : G.A. Praveen Mishra .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) investigation of the case has been been transferred to other police station without assigning any reason for the same. In view of the aforesaid facts and circumstances of the case, the learned counsel for the petitioner prays that the respondents, investigating agency, be directed to do a fair investigation and conclude the investigation within a time-bound manner. 3. Per contra, Mr. S.K. Ojha, learned A.G.A. has opposed the submissions of the learned counsel for the petitioner and placed before the Court an affidavit of compliance, submitted in compliance with the order dated September 11, 2025 passed by a co-ordinate Bench of this Court. He submits that the investigation in the instant FIR has already been completed and a charge-sheet has also been filed before the competent Court on 04.10.2025. In this regard, he has drawn the attention of the Court to paragraph no. 10 of the compliance affidavit. A copy of the charge-sheet/final report is also annexed at Annexure No. 2 to the compliance affidavit. Learned A.G.A. appearing on behalf of the State, therefore, submits that since the investigation in the instant FIR has been completed and a charge-sheet/final report has also been submitted, there is nothing left to be further investigated in the matter. 4. Heard learned counsel for the petitioner and Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State and perused the material available on record as well as the averments made in the petition. 5. It is admitted fact that accused persons have already been arrested by the investigating agency, the charge sheet has already been filed in the court concerned. After examining the material on record and considering the submissions made by the parties, this Court finds that the investigation is being conducted in accordance with law and there is no apparent bias or mala fides. 6. The petitioner is not able to demonstrate any specific irregularity or illegality in the investigation that would warrant CRLP No. 16444 of 2025 2 interference by this Court. Part investigation is ongoing and the Court is of the view that it would be inappropriate to interfere with the investigation at this stage. 7. The grounds raised by the petitioner are matter of investigation, and the investigating agency is best suited to assess the evidences and proceed accordingly. 8. Taking into consideration the above-said discussions, we do not find any cogent reason to invoke the extra-ordinary jurisdiction for issuance of mandamus as prayed in the instant writ petition. 9. Accordingly, the instant petition is disposed of . October 8, 2025 Brijesh Maurya CRLP No. 16444 of 2025 3 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad