Jai Shankar Prajapati vs State of U.P. and 4… — Murder and Culpable Homicide | Allahabad HC (2025)

Jai Shankar Prajapati vs State of U.P. and 4… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner permitted to approach the Commissioner of Police, District Kanpur Nagar with his grievance; the Commissioner to call for records and ensure a fair and impartial investigation of Case Crime No.38 of 2024, conducted and concluded expeditiously, preferably within three months from presentation of a certified copy of the order.

Issue for consideration

Whether a fair and impartial investigation of Case Crime No.38 of 2024 (S.302 IPC), P.S. Armapur, District Kanpur Nagar can be secured, the petitioner alleging the investigation is not fair on account of influence exercised by the accused persons. +1 more

Court's answer

In the facts of the case, the Court permitted the petitioner to approach the Commissioner of Police, District Kanpur Nagar, highlighting his grievance.

Ratio / Principle

The Commissioner of Police, District Kanpur Nagar was directed to call for records and ensure that a fair and impartial investigation, in accordance with law, is conducted and concluded expeditiously, preferably within three months from the date of presentation of a certified copy of the order.

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition (Allahabad High Court, Division Bench) by the informant/complainant seeking mandamus for fair investigation of Case Crime No.38 of 2024 under section 302 IPC, P.S. Armapur, District Kanpur Nagar, alleging the investigation was being influenced by the accused, and citing an earlier judgment of the same Court dated 24.01.2025 in Criminal Misc. Writ Petition No.1526 of 2025 together with the petitioner's application dated 04.02.2025. The Bench disposed of the petition, permitting the petitioner to approach the Commissioner of Police, District Kanpur Nagar, who was directed to call for records and ensure a fair and impartial investigation in accordance with law is conducted and concluded expeditiously, preferably within three months of presentation of a certified copy of the order.

Neutral Citation No. - 2025:AHC:74747-DB

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 9141 of 2025

Petitioner :- Jai Shankar Prajapati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brijesh Kumar Yadav,Ram Anuj Prajapati Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.

Heard learned counsel for the petitioner and learned AGA for the State.

This writ petition is preferred praying for the following principal relief:

"1) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to take appropriate steps upon the application of petitioner dated 04.02.2025, in pursuance of the judgment and order dated 24.01.2025, passed by this Hon'ble Court in Criminal Misc. Writ Petition No.1526 of 2025(Jai Shankar Prajapati Vs. State of U.P. and others) expeditiously, within time bound period.

b) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to ensure the fair and proper investigation of Case Crime No.38 of 2024, under section 302 IPC, Police Station Armapur, District Kanpur Nagar."

It is stated that fair investigation is not being conducted on account of influence exercised by the accused persons.

Learned AGA, on the other hand, states that such aspects shall be examined by the second respondent, at the first instance.

In the facts of the case, we permit the petitioner to approach the Commissioner of Police, District Kanpur Nagar,. highlighting his grievance, who shall call for records and will ensure that a fair and impartial investigation, in accordance with law, is conducted and concluded, expeditiously, preferably within a period of three months from the date of presentation of a certified copy of this order.

With the above observations/directions, this writ petition stands disposed of .

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

Order Date :- 7.5.2025 VKG

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad