Allahabad High Court
Ranjana Devi vs State Of Up And 5 Others on 20 February, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:28892-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1240 of 2024 Petitioner :- Ranjana Devi Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Shre Ram Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Gajendra Kumar,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. The present writ petition has been filed with the following reliefs :
"(i) Issue a writ, order or direction, in the nature of Mandamus directing the State/Respondent no.1 to transfer the investigation of the Case Crime No.227 of 2023, punishable offences under Sections 147, 148, 149, 302, 34 IPC and 7 Criminal Amendment Act,1932 and 3(2) (v) of SC/ST Act. Police Station Sandeepan Ghat, District Kaushambi from local police to CBCID or any other independent investigating agency for a free and fair investigation.
(ii) Issue a writ, order or direction, in the nature of Mandamus directing the State/Respondent no.1 to conduct the 'Narcoanalysis technique', polygraph examination and the Brain Electrical Activation Profile (BEAP) test of the petitioner's husband in Case Crime No.227 of 2023, punishable offences under Sections 147, 148, 149, 302, 34 IPC and 7 Criminal Amendment Act,1932 and 3(2) (v) of SC/ST Act. Police Station Sandeepan Ghat, District Kaushambi and submit report before this Hon'ble Court."
3. At the very outset, learned AGA submits that in the aforesaid case crime number, charge-sheet No.60 of 2024 dated 19.11.2023 has already been forwarded to the competent court. As such, the cause of filing the writ petition no more survives.
4. In view of the categorical instructions, we are not inclined to entertain the writ petition on merit. Needless to say, it is always open for the petitioners to invoke the remedy as available in law.
5. The writ petition stands disposed of accordingly.
Order Date :- 20.2.2024 Shiv