Suresh vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 17 October, 2025

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Allahabad High Court

Suresh vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 17 October, 2025

Bench: Abdul Moin





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:65529-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 9669 of 2025   
 
   Suresh    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 9 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Surya Prakash Singh, Shubhranshu Verma   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 11
 
   
 
 HON'BLE ABDUL MOIN, J.

HON'BLE MRS. BABITA RANI, J.

1. Heard learned counsel for the petitioner and the learned AGA appearing on behalf of State-respondents.

2. In view of proposed order, notice to respondent nos. 6 to 10 is hereby dispensed with.

3. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 and 5 to ensure the re-postmortem examination of the deceased Ranjit Kumar from the Medical Board of at least three senior doctors from a different District/Medical College and further to conduct a fair, impartial, effective and expeditious investigation in Case Crime No. 0199 of 2025 under Section 103(1) of B.N.S., P.S. Sadarpur, District Sitapur.

4. At the very outset, learned AGA on the basis of his instructions dated 5.10.2025 sent by Sri Rajesh Kumar, S.H.O, P.S. Sadarpur, District Sitapur states that Section 103(1) of B.N.S. has now been changed to Section 108 of B.N.S. and two persons namely Dilip Kumar and Pradeep Kumar Yadav have been arrested.

5. So far as the prayer of re-postmortem examination of the deceased is concerned, learned AGA contends that it is the District Magistrate, who is the competent authority, to consider the application of the re-postmortem in accordance with law.

6. Considering the aforesaid, writ petition is disposed of leaving it open to the petitioner to move a fresh application before the opposite party no. 2-District Magistrate, Sitapur within two weeks. In case, the application is filed before the opposite party no. 2-District Magistrate, Sitapur, he will decide the same by a reasoned and speaking order within a period of two weeks from the date a certified copy of this order is produced before the said authority in accordance with law.

(Mrs. Babita Rani,J.) (Abdul Moin,J.) October 17, 2025 AKK

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