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2025 DAILYLAW 98297 (ALL)

UMESH KUMAR v. STATE OF U.P. AND 2 OTHERS

CRLP/21303/2025 · 2025-09-18

Rajiv Gupta, Rajiv Lochan Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21303 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. The instant writ petition has been filed by the petitioner for the following relief: "i. issue a writ, order or direction in the nature of mandamus commanding the Superintendent of Police, Hathras (Respondent No.2) to insure fair and proper investigation in connection of the Case Crime No. 320 of 2023, Under Section 323, 364, 506 I.P.C., Police Station- Hathras Junction, District-Hathras, within stipulated period, and if necessary the accused persons named in the F.I.R. dated 19.11.2023 (Annexure No.-1 to the writ petition) may be arrested forthwith. ii. issue a writ order or direction in suitable nature transferring the investigation of F.I.R. dated 19.11.2023 registered as Case Crime No. 320 of 2023, Under Section 323,364,506 I.P.C., Police Station- Hathras Junction, District-Hathras to other independent Agency or other Circle of District. iii. issue a writ order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the case. iv) Award cost of the writ petition to the petitioner." 3. Learned counsel for the petitioner submits that the petitioner is the first informant in the present case and though the FIR in the instant case has been registered on 19.11.2023, yet the police is not investigating the case in fair and impartial manner. 4. In view of the above, the petitioner may move an application before the S.P. Hathras, District Hathras, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the S.P. Hathras, District- Hathras, the S.P. Hathras, District Hathras/respondent Versus Counsel for Petitioner(s) : Sanjay Kumar Dubey Counsel for Respondent(s) : G.A. Umesh Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) no. 2 shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present petition stands disposed of. September 19, 2025 Kushal CRLP No. 21303 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad