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2026 DAILYLAW 10423 (ALL)

YOGENDRA PRASAD v. STATE OF U.P. AND 6 OTHERS

CRLP/17412/2026 · 2026-09-27

Devendra Singh I, Rajiv Gupta

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17412 of 2026 Court No. - 47 HON'BLE RAJIV GUPTA, J. HON'BLE DEVENDRA SINGH-I, 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 reliefs:- "(i) Issue a order, direction or writ in the nature of mandamus directing the respondent nos.2 & 3 to secure the fair and impartial investigation in pursuance of the First Information Report dated 17.08.2023 lodged by the petitioner against the respondent nos.4, 5, 6 & 7 in Case Crime No.573 of 2023, under Sections 498-A, 304-B, 315 IPC and Section 3/4 of D.P. Act, Police Station Campierganj, District Gorakhpur. (ii) Issue an order, direction or writ in the nature of mandamus directing the respondent nos.2 and 3 to arrest the respondent nos.4 to 6 in pursuance of the first information report dated 17.08.2023 lodged by the petitioner forthwith. (iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." Versus Counsel for Petitioner(s) : Mani Ram Verma, Sudhir Kumar Agarwal Counsel for Respondent(s) : G.A. Yogendra Prasad .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 3. Learned counsel for the petitioner has submitted that the petitioner is the first informant in the instant case and had lodged the First Information Report (F.I.R.), which was registered as Case Crime No. 573 of 2023, under Sections 498-A, 304-B and 315 of the Indian Penal Code, 1860, and Section 3/4 of the Dowry Prohibition Act, at Police Station Campierganj, District Gorakhpur. Pursuant to the lodging of the said F.I.R., the police conducted an investigation and submitted a final report in favour of the accused persons on 21.09.2023. Upon submission of the said final report, the learned Magistrate issued notice to the first informant. In pursuance of the said notice, the petitioner appeared before the learned Magistrate and filed a protest petition. Upon consideration of the said protest petition, the learned Magistrate rejected the final report and directed the police to conduct further investigation and submit a report in accordance with law. 4. Learned counsel for the petitioner has next submitted that despite specific order passed by the learned Magistrate, the police has failed to conclude the further investigation and submit its report. 5. Be that as it may be, the instant writ petition is disposed of with liberty to the petitioner to approach the competent Magistrate and ventilate his grievance by moving an appropriate application. In case the petitioner has already moved such an application, the learned Magistrate shall consider and decide the same by passing an appropriate order, strictly in accordance with law. 6. With the aforesaid observations, the instant writ petition stands disposed of. September 28, 2026 Sanjeet CRLP No. 17412 of 2026 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad