Suman Vs State of U.P. Thru. Prin. Secy. Home Lko and 8 Others — Allahabad HC (2025) — LawSathi Research

Suman Vs State of U.P. Thru. Prin. Secy. Home Lko and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in terms of the statement of learned AGA, with liberty to the petitioner to approach the concerned court in view of Sakiri Vasu vs. State of Uttar Pradesh and others, (2008) 2 SCC 409, in case the occasion arises. No mandamus issued; no monetary relief.

Issue for consideration

Whether a writ in the nature of mandamus should issue commanding opposite party nos. 2 to 5 to conduct a fair and proper investigation in FIR No.0166/2025 dated 10.08.2025 (Sections 191(2), 109, 115(2), 352, 351(3), 333 B.N.S. 2023, P.S. UmriBegumganj, District Gonda) and arrest the accused persons/opposite party nos. 6 to 9. +1 more

Court's answer

In view of the AGA's statement regarding the status of investigation, the Court disposed of the petition in terms of the statement of learned AGA.

Ratio / Principle

The petitioner was granted liberty to approach the concerned court in view of the judgment of the Hon'ble Supreme Court in Sakiri Vasu vs. State of Uttar Pradesh and others, (2008) 2 SCC 409, in case the occasion arises.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 10 — Criminal Misc. Writ Petition No. 10043 of 2025, Suman v. State of U.P. thru Prin. Secy. Home Lko and 8 others, decided 30.10.2025 by Rajnish Kumar and Zafeer Ahmad, JJ. Petitioner sought mandamus for fair and proper investigation of FIR No.0166/2025 dated 10.08.2025 (Sections 191(2), 109, 115(2), 352, 351(3), 333 of B.N.S. 2023, P.S. UmriBegumganj, District Gonda), arrest of accused/opposite party nos. 6 to 9, and lawful action against the Investigating Officer (opposite party no. 5). Learned AGA, on instructions dated 28.10.2025 of the Sub Inspector, reported that Ajay Verma, Janardan Verma and Khushi Kumar Verma enjoyed interim protection by order dated 15.09.2025 in Criminal Misc. Writ Petition No.7634/2025; that statements of the complainant and witnesses stood recorded and medical reports examined; that no offence under Section 109 BNS was found while offence under Section 117(2) BNS was found and added; and that the remaining accused were being searched with investigation to be completed expeditiously and impartially. The Court disposed of the petition in terms of the AGA's statement, leaving the petitioner liberty to approach the concerned court in view of Sakiri Vasu vs. State of Uttar Pradesh and others, (2008) 2 SCC 409, should occasion arise.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 10043 of 2025

Suman

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko And 8 Others

.....Respondent(s)

Counsel for Petitioner(s) : Rudra Pratap Pal
Counsel for Respondent(s) : G.A.

Court No. - 10

HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

1.Heard Sri Rudra Pratap Pal, learned counsel for the petitioner and learned AGA.

This petition has been filed with the following prayers:-

"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party nos.2 to 5 to conduct fair and proper investigation in First Information Report No.0166/2025 dated 10.08.2025 at 10.47 hrs was lodged by the petitioner under Sections 191(2), 109, 115(2), 352, 351(3), 333 of B.N.S. 2023, Police Station UmriBegumganj, District Gonda and arrest the accused persons/opposite party nos. 6 to 9 and submit report within specified period contained in Annexure No.1 in te interest of justice.

(ii) Issue a writ, order or direction in the nature of mandamus commanding to the opposite party nos. 2 to 4 to take lawful action against the opposite party no.5/ Investigating Officer of First Information Report No.0166/2025 under Sections 191(2), 109, 115(2), 352, 351(3), 333 of B.N.S. 2023, Police Station UmriBegumganj, District Gonda and save the life of the petitioner and other family members."

Learned counsel for the petitioner submits that the F.I.R. was lodged on 10.08.2025 but the investigation has not been done in a fair and proper manner and has not been concluded till date.

4, Learned AGA, on the basis of instructions dated 28.10.2025, received

CRLP No. 10043 of 2025

2

from Abhilekh Tiwari, Sub Inspector, Police Station UmriBegumganj, District Gonda,which has been placed before this Court and taken on record, submits that three persons, namely, Ajay Verma, Janardan Verma and Khushi Kumar Verma have been granted interim protection by this Court by means of the order dated 15.09.2025 passed in Criminal Misc. Writ Petition No.7634/2025, a copy of which has been annexed by the petitioner as Annexure No.3 to the petition. However, the investigation is going on and the statements of the complainant and other witnesses have been recorded and the medical reports have also been seen by the Investigating Officer. Offences under Section 109 BNS has not been found whereas offence under Section 117(2) BNS has been found to have been committed, therefore, the same has been added. The remaining accuseds are being searched and the investigation shall be completed expeditiously in fair and impartial manner.

In view of above, the petition is disposed of in terms of statement of learned AGA with liberty to the petitioner to approach to the concerned court in view of the judgment of the Honb'le Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh and others; (2008) 2 SCC 409, in case the occasion arises.

(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

October 30, 2025 Akanksha Sri/-

Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench