Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 86624 (ALL)

SMT. PUNIYA v. STATE OF UTTAR PRADESH AND 5 OTHERS

CRLP/18163/2025 · 2025-08-19

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:142112-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18163 of 2025 Petitioner :- Smt. Puniya Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Purti Agarwal Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. List has been revised. No one appears for the petitioner. The present petition has been filed for the following reliefs:- a) That, in view of the facts and circumstances stated in the accompanying writ petition, it is just the interest of justice that this Hon'ble Court may graciously be pleased issued mandamus to expedite the investigation and to complete the same with in stipulated time in this first information report dated 08.03.2025 (Vide Annexure No.2 of the writ petition) which has been registered in Case Crime No.71 of 2025, under Section 287, 304A of Indian Penal Code (I.P.C.), Police Station Noida Sector 20, District Noida, till the pendency of present writ petition. Otherwise applicants-petitioners shall suffer an irreparable loss and injury. b) It is further prayed that the court below may kindly be directed to conduct the trial by District Hamirpur. c) To issue a writ in the nature of mandamus, commanding and directing the respondents No.1 & 2 not to arrest the petitioners in respect of first information report dated 08.03.2025 (Vide Annexure No.1 of the writ petition) which has been registered in Case Crime No.071 of 2025, under Section 287, 304A of I.P.C., Police Station Noida Sector 20, District Noida." The prayer no. (b) is not maintainable as the trial of the case shall be conducted in the Court which has the jurisdiction to try the case, therefore, prayer no. (b) is rejected. Similarly prayer no. (c) is not maintainable as the petition has been filed on behalf of the informant and the petitioner is not an accused in this case. So far as prayer no. (a) is concerned, the petitioner has the remedy to file an application before the Superintendent of Police, District Noida 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. With the aforesaid observation, the writ petition is disposed of. Order Date :- 20.8.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad