Ghirau Alias Ghirau Yadav Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

Ghirau Alias Ghirau Yadav Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to withdraw the petition and file a fresh petition; no substantive relief granted on the prayers for transfer/monitoring of the investigation or action against the Investigating Officer.

Issue for consideration

Whether the investigation of FIR Case Crime No. 69 of 2025 (Sections 115(2), 351(3), 352 of B.N.S. 2023, Police Station Gaura Chauraha, District Balrampur) should be conducted fairly by another police station or another investigating agency and monitored, the petitioner alleging that the Investigating Officer (opposite party No. 4) was working for the accused. +1 more

Ratio / Principle

The writ petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition; the merits of the requested transfer of investigation and of action against the Investigating Officer were not adjudicated.

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 6376 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 9; order dated 21.7.2025; Mrs. Sangeeta Chandra and Subhash Vidyarthi, JJ.; neutral citation 2025:AHC-LKO:41629-DB): Petitioner Ghirau Alias Ghirau Yadav sought mandamus commanding opposite party No. 2 to ensure fair investigation of FIR dated 27.06.2025, Case Crime No. 69 of 2025 under Sections 115(2), 351(3), 352 of B.N.S. 2023, Police Station Gaura Chauraha, District Balrampur (lodged by the petitioner), by another police station or another investigating agency, to monitor the investigation, and to take strict action against opposite party No. 4, the presently Investigating Officer, alleged to be working for the accused person(s). Learned A.G.A. produced instructions of the Sub Inspector, Police Station Gaura Chauraha, stating that due to the medico legal certificate/injury report of the victim certain sections had been added; instructions taken on record. Held: writ petition dismissed as withdrawn with liberty to file a fresh petition; merits not adjudicated.

Neutral Citation No. - 2025:AHC-LKO:41629-DB

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 6376 of 2025

Petitioner :- Ghirau Alias Ghirau Yadav

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Bhanu Pratap Singh,Smt. Manisha Singh

Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

The instant writ petition has been filed by the petitioner with the following reliefs:

"I. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opposite parties more specifically opposite party No. 2 to fairly investigate the first information report dated 27.06.2025 bearing Case Crime No. 69 of 2025 under Sections 115(2), 351(3), 352 of B.N.S., 2023 registered at Police Station -Gaura Chauraha, District Balrampur lodged by the petitioner, by another Police Station or by another investigating agency and also monitor the investigation of the case crime as the opposite party No. 4, who is presently Investigating Officer of the said case crime is working for the accused person of the case crime, as annexed herewith as Annexure No. 1 to this writ petition.

II. Issue a writ, order or direction in nature of MANDAMUS

directing the opposite party No. 2 to take strict action against the opposite party No. 4 as he is working for the accused persons of Case Crime No. 69 of 2025 under Sections 115 (2), 351 (3), 352 of B.N.S., 2023 registered at Police Station Gaura Chauraha, District Balrampur lodged by the petitioner."

The learned A.G.A. has produced before this court the instructions sent by Sub Inspector, Police Station Gaura Chauraha, District Balrampur, wherein it has been stated that due to medico legal certificate/injury report of the victim certain certain Sections have been added. The instructions are taken on record.

The writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition.

[Subhash Vidyarthi, J.] [Mrs. Sangeeta Chandra, J.]

Order Date :- 21.7.2025 Ram.

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