AKHILESH KUMAR PAND EY AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/10187/2026 · 2026-05-11
Padam Narain Mishra, Rajeev Misra
body2026
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[ 2026 DAILYLAW 1835 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1835 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10187 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J. Ref: On Exemption Application Heard Mr. Mridul Shekhar, the learned counsel for petitioner and the learned A.G.A. for State/respondents1,2,3. Present writ petition has been filed without annexing certified copy of the F.I.R giving rise to present criminal misc. writ petition. Accordingly petitioner has filed above mentioned exemption application from filing the certified copy of the F.I.R at the time of filing the present writ petition. Learned counsel for petitioner has filed supplementary affidavit in Court today, annexing along with same a certified copy of the F.I.R giving rise to present criminal misc. writ petition. It is thus urged by the learned counsel for petitioner that since certified copy of the F.I.R. has been brought on record, therefore, aforesaid exemption application has been rendered infructuous. Learned A.G.A. does not oppose the submissions urged by the learned counsel for petitioner. In view of above, the exemption application is dismissed as having been rendered infructuous. Stamp reporter shall submit a fresh report as to whether any other defect exists or not in present writ petition. Versus Counsel for Petitioner(s) : Dileep Kumar Yadav, Gaurav Chauhan, Mridul Shekhar Tripathi Counsel for Respondent(s) : G.A. Akhilesh Kumar Pand Ey And Another .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
Ref: On Criminal Misc. Writ Petition Heard Mr. Mridul Shekhar, the learned counsel for petitioner and the learned A.G.A. for State/respondents1,2,3. Perused the record. Petitioner- Akhilesh Kumar Pandey And Another have approached this Court by means of present Criminal Misc. Writ Petition commanding respondents to conclude fair and expeditions investigation of Case Crime No. 357 of 2025, under sections 318 (4), 336(3), 338, 340 (2), 351(3), 352 BNS, Police Station- Jhunsi District- Prayagaraj, arising out of F.I.R. dated 28.9.2025, lodged by first informant Atmaram, the writ petitioners. On the matter being taken up, the learned A.G.A submits that since petitioners have b een nominated as named accused in the F.I.R. therefore, they do not have any right to pray for fair and expeditious investigation of concerned case crime number. When confronted with above, the learned counsel for petitioner could not overcome the same.
Having heard the learned counsel for petitioner, the learned A.G.A. representing State/respondents-1,2,3 and upon perusal of record, we find that since petitioners are named accused, therefore, they do not have any right to seek fair and expeditious investigation of concerned case crime number. As such, present writ petition fails and is liable to be dismissed. It is accordingly dismissed. May 12, 2026 Arshad CRLP No. 10187 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad