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2026 DAILYLAW 13934 (ALL)

AWADHESH MISHRA v. STATE OF U.P. AND 6 OTHERS

CRLP/25279/2025 · 2026-10-05

Jai Krishna Upadhyay, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 25279 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Heard Mr. O.P. Singh, the learned Senior Counsel along with Mr. Neeraj Tiwari, the learned Senior Counsel assisted by Mr. Santosh Kumar Pandey, the learned counsel for petitioner, Mr. M.C. Chaturvedi, the Additional Advocate General assisted by Mr. Sanjay Kumar Singh, the learned AGA representing State respondents 1, 2, 3, 4, 5, 6 and 7. 2. Perused the record. 3. Petitioner, Awadhesh Mishra, has approached this Court by means of present criminal misc. writ Petition with the following prayers:- " (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.09.2025 passed by respondent no. 6 (Head of Special Investigation Team (SIT), District-Fatehgarh, Farrukhabad, Kanpur Zone, Kanpur) and its consequential proceedings done by the respondents regarding the Case Crime No. 0271 of 2025, under Section-55, 111(2), 230, 232, 248(b), 308(6), 61(2)(a), 351(3), 356(1) B.N.S.-2023, Police Station-Kotwali Fatehgarh, District-Farrukhabad. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent No. 1 to 3 to transfer the Case Crime No. 0271 of 2025, under Section-55, 111(2), 230, 232, 248(b), 308(6), 61(2)(a), 351(3), 356(1) B.N.S.- 2023, Police Station-Kotwali Fatehgarh, District-Farrukhabad to some other adjacent Zone (like Agra Zone, Lucknow Zone, Prayagraj Zone etc.) except Kanpur Zone or other agency like C.B.C.I.D. for the fair and impartial investigation of the case. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to decide the application representation of the petitioner dated 25.10.2025 pending before the respondents." Versus Counsel for Petitioner(s) : Abhijit Kumar, Prashant Singh, Santosh Kumar Pandey, Shivajee Srivastava Counsel for Respondent(s) : G.A., Usha Srivastava, Vinod Kumar Srivastava Awadhesh Mishra .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 4. On the matter being taken up, the learned Senior Counsel for petitioner fairly submits that subsequent to the order impugned in present writ petition i.e. the order dated 06.10.2025 passed by respondent no.4 Superintendent of Police Fatehgarh, District Farrukhabad, the consequential F.I.R. has been registered. 5. In view of the above, we find that the prayer made for by means of present writ petition has now been rendered infructuous. As a result this writ petition is hereby dismissed as having rendered infructuous. 6. It shall however open to the petitioner to press the prayer no.2 separately in the writ petition filed challenging the consequential F.I.R. October 6, 2026 AKT CRLP No. 25279 of 2025 2 (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad