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2025 DAILYLAW 83963 (ALL)

SHAILENDRA KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/17505/2025 · 2025-08-10

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135267-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17505 of 2025 Petitioner :- Shailendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. Heard the counsel for the petitioner and the A.G.A. for the State. The present petition has been filed praying for the following relief: "A. Issue a writ, order or direction in the nature of writ of MANDAMUS commanding the respondent nos.2 and 3 to conduct fair investigation in pursuance of First Information Report dated 30.05.2024 registered as Case Crime No. 238 of 2024, under 506 sections 420, 467, 468, 471, 406, 323, 504, 506 of I.P.C., Police Station-Kotwali Nagar, District-Etah." There is nothing on record to show that the concerned Investigating Officer is not acting impartially and is not conducting a fair investigation. In view of the aforesaid, the writ petition is disposed of observing that in case, the petitioner has any grievance against the manner of investigation, he may file an application before the Senior Superintendent of Police, Etah who is expected to ensure that investigation is done in accordance with law and as prescribed under the Code of Criminal Procedure, 1973/Bharatiya Nagarik Suraksha Sanhita, 2023. Order Date :- 11.8.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad