Durgesh Kumar @ Durgesh Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

Durgesh Kumar @ Durgesh Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None of the prayed-for transfers of investigation; the writ petition was disposed of with the A.G.A.'s undertaking recorded that the investigation would be proceeded with and concluded within the time specified under the B.N.S.S., 2023 once the F.S.L. report is received.

Issue for consideration

Whether the investigation of FIR No.230 of 2024 (Sections 419, 420, 467, 468, 471 IPC, P.S. Mahmoodabad, Sitapur), lodged on 07.06.2024 and alleged to have stalled, should be transferred by mandamus from the existing investigating authority (respondent No.2) to CBI, CB-CID, the Crime Branch or any other police station of District Sitapur.

Court's answer

The Court accepted and recorded the learned A.G.A.'s statement that, as soon as the F.S.L. report comes, the investigation would be proceeded with and an endeavor made to conclude it within the time as specified under the B.N.S.S., 2023 ('Aforesaid statement is recorded').

Ratio / Principle

On that basis the writ petition stood disposed of; no mandamus or direction was issued transferring the investigation of FIR No.230 of 2024 to the CBI, CB-CID, the Crime Branch or any other police station.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 11), Criminal Misc. Writ Petition No. 1025 of 2025, Durgesh Kumar @ Durgesh Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Others, decided 17.12.2025 by Abdul Moin and Babita Rani, JJ. Petition sought a writ of mandamus directing transfer of investigation of FIR No.230/2024 (Sections 419, 420, 467, 468, 471 IPC, P.S. Mahmoodabad, Sitapur; FIR dated 07.06.2024) to the CBI, CB-CID, Crime Branch or another Sitapur police station on the ground that the investigation was progressing merely as an eyewash. Interim orders dated 10.10.2025 and 13.11.2025 secured personal affidavits of the Investigating Officer and required an affidavit of the Superintendent of Police, Sitapur; delays were traced — specimen signature sent to FSL only on 12.08.2025 (over a year after the FIR), original documents sent 10.11.2025, original vakalatnama obtained 29.11.2025 after an initial rejection, and further documents required by the FSL sent 11.12.2025. Upon the learned A.G.A.'s recorded statement that the investigation would proceed on receipt of the FSL report and be concluded within the time specified under the B.N.S.S., 2023, the writ petition stood disposed of without any direction transferring the investigation.

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR lodged on 07.06.2024; respondents allegedly did not proceed further with the investigation, constraining the petitioner to file the instant writ petition.¶14
Prior proceeding
Main relief prayed: transfer of investigation of crime no. 0230/2024, u/s 419, 420, 467, 468, 471 I.P.C., registered at Police Station Mahmoodabad, District Sitapur, to any other police station of District Sitapur or to a premier agency (preferably CBI, CBCID or Crime Branch) for free and fair investigation.¶23
Prior proceeding
By order dated 10.10.2025 this Court issued notice to opposite parties no.4 to 7, gave the Investigating Officer one month's time to file a counter affidavit/personal affidavit apprising the status and stage of investigation (failing which he was to appear in person), noted the AGA's explanation that specimens of signatures had been sent for FSL verification, and asked the IO to approach the Director, Forensic Science Laboratory, Mahanagar, Lucknow for the FSL report.¶26
Prior proceeding
In pursuance of the order dated 10.10.2025, the personal affidavit of the Investigating Officer was filed.¶34
Prior proceeding
As per averments in paragraph 5 of the IO's personal affidavit, the specimen signature was sent to FSL only on 12.08.2025, i.e. after more than a year from the FIR dated 07.06.2024; the FSL had indicated that original documents should be sent, which were sent on 10.11.2025.¶37
Prior proceeding
By order dated 13.11.2025 the Court required a personal affidavit of the Superintendent of Police, Sitapur within four weeks indicating the position of the FSL report and why it took the authorities more than one year to send the specimen signature to FSL, failing which the SP was to appear in person; case listed for 17.12.2025.¶38
Prior proceeding
An initial application moved before the concerned court for obtaining the original copy of the vakalatnama was rejected.¶45
Prior proceeding
On a renewed application, the original copy of the vakalatnama was received on 29.11.2025.¶45
Prior proceeding
The original vakalatnama was sent to the F.S.L. for examination; the F.S.L. required certain other documents, which were finally sent on 11.12.2025.¶45
Prior proceeding
At the final hearing a personal affidavit filed that day was taken on record.¶11