Lavi @ Ajay Choudhary and 9 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Lavi @ Ajay Choudhary and 9 Others vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions at the admission stage; petition not finally decided. Notice issued and accepted for respondent nos. 1 to 3 (counter affidavit within two weeks); service on respondent no. 4 by R.P.A.D. within four working days; Senior Superintendent of Police, Moradabad to file a personal affidavit on the progress of investigation before the next date; order to be communicated to the SSP and SHO through the learned Chief Judicial Magistrate, Moradabad within 24 hours; matter listed for admission on 23.04.2026.

Issue for consideration

Whether the petitioners are entitled to a fair and impartial investigation in Case Crime No. 13 of 2026 registered at Police Station Bhagatpur, District Moradabad.

Court's answer

Notice issued in the writ petition; notice on behalf of respondent nos. 1 to 3 accepted by Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate, who was granted two weeks' time to file a counter affidavit.

Ratio / Principle

Steps to serve respondent no. 4 are to be taken by R.P.A.D. within four working days.

Key takeaways

The Senior Superintendent of Police, Moradabad is directed to file his personal affidavit, on or before the next date fixed, indicating the progress made in the investigation of Case Crime No. 13 of 2026 and whether it has been brought to its logical conclusion.ratio¶14
The order is to be communicated to the Senior Superintendent of Police, Moradabad and the Station House Officer, Police Station Bhagatpur, District Moradabad through the learned Chief Judicial Magistrate, Moradabad by the Registrar (Compliance) within 24 hours.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble J.J. Munir, J. and Hon'ble Vinai Kumar Dwivedi, J.), order dated April 7, 2026, in Criminal Misc. Writ Petition No. 5154 of 2026 — Lavi @ Ajay Choudhary and 9 others v. State of U.P. and 3 others. Writ petition praying for a fair and impartial investigation in Case Crime No. 13 of 2026, under Sections 191(2), 191(3), 115(2), 351(3) BNS and Section 7 of the Criminal Law Amendment Act, Police Station Bhagatpur, District Moradabad. The Court issued notice; notice for respondent nos. 1 to 3 was accepted by Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate, granted two weeks to file a counter affidavit; service on respondent no. 4 to be effected by R.P.A.D. within four working days; the Senior Superintendent of Police, Moradabad was directed to file his personal affidavit indicating the progress of investigation and whether it has been brought to its logical conclusion, on or before the next date; the order was to be communicated to the SSP and the Station House Officer through the learned Chief Judicial Magistrate, Moradabad by the Registrar (Compliance) within 24 hours; the matter was listed for admission on 23.04.2026. Interim, admission-stage order; no decision on merits and no precedent cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 5154 of 2026

Lavi @ Ajay Choudhary And 9 Others

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Akhil Srivast	Tiwari, ava	Kumar	Ashutosh
Counsel for Respondent(s)	: G.A.
Court No.- 47

HON'BLE J.J. MUNIR, J. HON'BLE VINAI KUMAR DWIVEDI, J.

The petitioners have come up with a prayer for fair and impartial investigation in Case Crime No. 13 of 2026, under Sections 191(2), 191(3), 115(2), 351(3) BNS and Section 7 of the Criminal Law Amendment Act, Police Station - Bhagatpur, District – Moradabad. Issue notice.

Notice on behalf of respondent nos. 1 to 3 is accepted by Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate. He is granted two weeks' time to file a counter affidavit.

Steps to serve respondent no. 4 shall be taken by R.P.A.D. within four working days.

List for admission on 23.04.2026 along with a report regarding service and the postal track attached. A report regarding status of pleadings shall also be made by the office.

Apart from the counter affidavits to be filed generally on behalf of the respondents, the Senior Superintendent of Police, Moradabad shall file his personal affidavit indicating the progress in investigation made so far and the fact if it has been brought to its logical conclusion. The said affidavit

CRLP No. 5154 of 2026

2

shall be filed on or before the next date fixed.

Let this order be communicated to the Senior Superintendent of Police, Moradabad and the Station House Officer, Police Station- Bhagatpur, District- Moradabad through the learned Chief Judicial Magistrate, Moradabad by the Registrar (Compliance) within 24 hours.

(Vinai Kumar Dwivedi,J.) (J.J. Munir,J.)

April 7, 2026 Prashant D.

Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad