Allahabad High Court
Kailash Yadav vs State Of U.P. Thru. Prin. Secy. Home ... on 9 September, 2025
Author: Rajnish Kumar
Bench: Rajnish Kumar, Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:54209-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 8207 of 2025
Kailash Yadav
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Anil Kumar Awasthi
Counsel for Respondent(s)
:
G.A.
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
Sri Desh Raj Singh, Advocate has filed his power on behalf of the opposite party Nos.5 to 8, which is taken on record.
Heard Sri Anil Kumar Awasthi, learned counsel for the petitioner, learned A.G.A. for the State and Sri Desh Raj Singh, learned counsel for the opposite party Nos.5 to 8.
This petition has been filed seeking following main relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties No.2 to 4 to conduct the investigation in Case Crime No.57/2019, under Section 342 IPC, Police Station Sadarpur, District Sitapur lodged by the petitioner."
Learned counsel for the petitioner submits that without proper investigation in the matter, final report is being repeatedly filed by the police.
Learned A.G.A., on the basis of instructions dated 01.09.2025 received from Sri Imtiyaz Khan, Sub Inspector, Police Station Sadarpur, District Sitapur, submits that the investigation has been conducted impartially and in proper manner, recording the statements of independent witnesses, namely, Satish Chandra S/o Chhotkanne, Dinesh Kumar S/o Jagan Kumar, Manoj Kumar S/o Raj Kumar, Sangram Singh S/o Brijlal, Ganesh S/o Bhagwandeen, Amrendra Singh S/o Subedar Singh, Raghavram S/o Ramchandra Singh, Ramphal S/o Maikulal and Subedar Singh S/o Hardwari. He further submits that they have stated that they have seen the son of the petitioner after the date of lodging of F.I.R. and they have also filed affidavits to this effect. The said instructions are taken on record. He further submits that an F.I.R. has also been lodged against the son of the petitioner bearing Case Crime No.56/2019, under Section 307 IPC at Police Station Sadarpur, District Sitapur. Thus, learned A.G.A. submits that considering the above statements, the final report has rightly been filed, therefore, this petition is misconceived and is liable to be dismissed.
Having considered the submissions of learned counsel for the parties and the fact that final report has been submitted after recording of the statements of independent witnesses, this Court is of the view that this petition is misconceived and is, accordingly, dismissed.
(Rajeev Singh,J.) (Rajnish Kumar,J.) September 9, 2025 Saurabh