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2026 DAILYLAW 5547 (ALL)

SMT. FULMATI DEVI v. STATE OF U.P. AND 5 OTHERS

CRLP/20003/2026 · 2026-09-07

Devendra Singh I, Rajiv Gupta

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20003 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 writ, order or direction in the nature of mandamus commanding the respondent nos.2 and 3 to conclude the fair and partial investigation within stipulated period as directed by this Hon'ble Court in pursuance of F.I.R. dated 06.07.2026 registered as Case Crime No. 91 of 2026, under Police Station- Section 103(1), 61(2) of B.N.S. Barwapatti, District Kushinagar. ii- Issue a writ order or directed in the nature of mandamus commanding the respondents not to arrest the Petitioners in Case Crime No. 91 of 2026, under Section 103(1), 61(2) of B.N.S. Police Station- Barwapatti, District Kushinagar. iii- Issue any other suitable writ, order or direction which this-Hon'ble Court may deem fit and proper in the circumstances of the case; iv. Award the costs of the writ petition in favour of the petitioner." 3. Learned counsel for the petitioner has submitted that though in the instant case, F.I.R. has been lodged on 06.07.2026 but the police is not investigating the case in fair and impartial manner. Versus Counsel for Petitioner(s) : Mohd Hamid Counsel for Respondent(s) : G.A. Smt. Fulmati Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 4. In view thereof, the petitioner may move an application before the respondent no.2- Superintendent of Police, Kushinagar, highlighting his grievance and seeking fair and impartial investigation. If such an application is moved by the petitioner, respondent no.2- Superintendent of Police, Kushinagar, shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present writ petition stands disposed of. September 8, 2026 S. Singh CRLP No. 20003 of 2026 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad