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2025 DAILYLAW 94306 (ALL)

SMT. MAMTA DEVI v. STATE OF U.P. AND 8 OTHERS

CRLP/20364/2025 · 2025-09-10

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20364 of 2025 Court No. - 45 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:- "(a) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to make fair and proper investigation in Case Crime No. 253 of 2025, under Sections 191(2), 326(g), 352 and 351(3) B.N.S. 2023, Police Station-Ahirauli Bazar, District-Kushi Nagar by any Senior Officer of the concerned department except Police Station-Ahirauli Bazar expeditiously within the time bound period as may be fixed by this Hon'ble Court. (b) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to arrest the accused persons/respondent Nos. 4 to 9 in Case Crime No. 253 of 2025, under Sections 191(2), 326(g), 352 and 351(3) B.N.S. 2023, Police Station-Ahirauli Bazar, District-Kushi Nagar expeditiously within the time bound period as may be fixed by this Hon'ble Court." 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, she may file an application before the Superintendent of Police, District-Kushi Nagar 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. September 11, 2025 Anurag/- Versus Counsel for Petitioner(s) : Manoj Kumar Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Smt. Mamta Devi .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad