Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 80780 (ALL)

SHIV KUMAR MAURYA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/16601/2025 · 2025-09-14

Rajiv Gupta, Rajiv Lochan Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 16601 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. The instant writ petition has been filed by the petitioners for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to transfer the investigation of the case bearing Crime No.0239/2025, under Sections 352, 109, 131, 110, 351(2), 115(2) B.N.S., 2023, Police Station Naini, District Prayagraj, to any independent investigating agency for conducting a fair, independent and proper investigation. (ii) Issue a writ, order or direction in the nature of mandamus commanding the investigating officer to investigate the matter fairly and independently regarding the case bearing Crime No.0239/2025, under Sections 352, 109, 131, 110, 351(2), 115(2) B.N.S., 2023, Police Station Naini, District Prayagraj. (iii) Issue any other writ order or direction in the like nature, which this Hon'ble Court may deem fit and proper in the circumstances of the case; (iv) Award the cost of the petition to the Petitioners." 3. Learned counsel for the petitioners submits that petitioners are the accused person in the instant case and they have already been released on bail. However, their grievance is that despite being the accused persons, investigation is not being carried out in fair, impartial and expeditious manner. 4. On the other hand, learned A.G.A. submits that investigation in the instant Versus Counsel for Petitioner(s) : Sanjoo Gond, Smt. Richa Dixita, Sudhir Dixit Counsel for Respondent(s) : G.A. Shiv Kumar Maurya And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) case is still in progress. 5. In view of the above, the petitioner may move an application before the respondent No.2 i.e. Police Commissioner, Prayagraj Region U.P.P., Prayagraj, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the respondent No.2 i.e. Police Commissioner, Prayagraj Region U.P.P., Prayagraj shall ensure the fair, impartial and expeditious investigation in the present case. 6. With the aforesaid order, the present petition stands disposed of. September 15, 2025 Sachin CRLP No. 16601 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad