Dismissed¶13

Rinki Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Allahabad HC2 Jul 2025CRLP/4597/2025

Case brief

AI extract

What is this about?

Transfer of investigation to independent agency; writ of mandamus; fair proper and impartial investigation; FIR No.428 of 2024, Police Station-Tambour, District-Sitapur, lodged 13.10.2024; Sections 70(1), 140(3), 87 B.N.S.; charge-sheet prepared 30.3.2025 and sent to supervisory authority; presumption of sufficient evidence once charge-sheet filed; non-interference at trial-evaluation stage; liberty to raise grievances against charge-sheet before competent court/authority; Allahabad High Court Lucknow Bench; CRIMINAL MISC. WRIT PETITION No. 4597 of 2025; decided 2.7.2025; neutral citation 2025:AHC-LKO:37295-DB.

What did the court decide?

Liberty to the petitioners to approach the Competent Court/authority for raising grievances, if any, to the charge-sheet. ¶13

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

What the court decided

AI extract

Outcome

Liberty to the petitioners to approach the Competent Court/authority for raising grievances, if any, to the charge-sheet.

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Issue for consideration

Whether a writ of mandamus should issue commanding transfer of the investigation in F.I.R No.428 of 2024 to an independent agency other than the concerned police, and legal action ensuring a fair, proper and impartial investigation in that FIR. +1 more

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Court's answer

The writ petition is dismissed, with liberty to the petitioners to approach the Competent Court/authority for raising grievances, if any, to the charge-sheet.

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Ratio / Principle

Since the charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the charge-sheet before the Trial Court for its evaluation, and it is therefore inappropriate for this Court to interfere at this stage.

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Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Coram: Sangeeta Chandra and Brij Raj Singh, JJ.; decided 2.7.2025), Criminal Misc. Writ Petition No. 4597 of 2025. The petitioner sought a writ of mandamus commanding transfer of the investigation in F.I.R No.428 of 2024 (Sections 70(1), 140(3), 87 B.N.S., Police Station-Tambour, District-Sitapur, lodged on 13.10.2024 at 13:05 hours) away from the concerned police to an independent agency, and legal action ensuring a fair, proper and impartial investigation. The learned A.G.A., on a short counter affidavit taken on record, submitted that the investigation had been concluded, the charge-sheet was prepared on 30.3.2025 and sent to the supervisory authority. Held: since the charge-sheet has been prepared by the Investigating Officer, it is presumed sufficient evidence has been collected and filed before the Trial Court for evaluation, making interference by the Court inappropriate at this stage. Writ petition dismissed, with liberty to the petitioners to approach the Competent Court/authority for grievances, if any, to the charge-sheet.

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Neutral Citation No. - 2025:AHC-LKO:37295-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4597 of 2025

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Petitioner :- Rinki Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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1. Heard learned counsel for the petitioners and learned A.G.A. for the State.

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2. This petition has been filed with the following main prayers:-

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"(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties concern to transfer the investigation from any independent agency except to concern police and take the legal necessary action for conducting fair proper and impartial Investigation in pursuance of the first information report lodged by the petitioner on 13.10.2024 at 13:05 hours vide F.I.R No.428 of 2024 Under Section-70(1), 140(3), 87 B.N.S. Police Station-Tambour, District-Sitapur, as contained in Annexure No.1 to this writ petition.

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(ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the opposite parties to take legal and necessary action according with law against the opposite parties concern and further direct the opposite parties to conduct the fair proper and impartial investigation in F.I.R No.428 of 2024 Under Section-70(1), 140(3), 87 B.N.S. Police Station-Tambour, District-Sitapur, as contained in Annexure No.1 to this writ petition."

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3. Learned A.G.A. for the State has filed a short counter affidavit, which is taken on record. He has submitted on the basis of short counter affidavit that the investigation has been concluded and the charge-sheet was prepared on 30.3.2025 and has been sent to supervisory authority.

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4. Since the charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has

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been collected and filed with the Charge-sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage.

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5. The writ petition is dismissed with liberty to the petitioners to approach the Competent Court/authority for raising grievances, if any, to the Charge-sheet.

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Order Date :- 2.7.2025 Anuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rinki Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Rinki Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Coram

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