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2025 DAILYLAW 87022 (ALL)

AMIT KUMAR SRIVASTAVA v. STATE OF U.P. AND 5 OTHERS

CRLP/18425/2025 · 2025-08-22

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145595-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18425 of 2025 Petitioner :- Amit Kumar Srivastava Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saurabh Basu 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 reliefs: "(i) Issue writ or direction in nature of Mandamus directing the respondent authorities to investigate the First Information Report dated 22.04.2025 being Case Crime No. 0114 of 2025 U/s 191(2), 126(2), 351(3), & 308(3) of B.N.S. 2023 in Police Station, Dhoomanganj, Commissionerate of Police Prayagraj, Prayagraj in a proper, prompt and fair manner of investigation.. (ii) Issue writ or direction in nature of Mandamus directing the Station House Officer, Police Station, Jhunsi, Prayagraj to take cognizance of the complaint dated 01.08.2025 by firstly registering the First Information Report on the fresh incident of 01.08.2025 and further investigate the said incident in a proper and fair manner as the incident dated 01.08.2025 is in continuation of the incident whereby the F.I.R. dated 22.04.2025 was registered." 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 Commissioner of Police, Commissionerate, Prayagraj District, Prayagraj 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 :- 23.8.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad