Disposed¶20

Ashish Kumar Vishwakarma @ Ashish Vishwakarma (Complainant) v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC30 Jan 2026CRLP/763/2026

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Criminal Misc. Writ Petition No. 763 of 2026; Ashish Kumar Vishwakarma v. State of U.P.; mandamus for fair and proper investigation; F.I.R. No. 328/2025; Sections 302, 506 IPC; P.S. Aaspur Devsara, District Pratapgarh; direction to S.S.P./S.P. Pratapgarh for expeditious investigation; liberty to approach Magistrate; Sakiri Vasu (2008) 2 SCC 409; decided January 30, 2026.

What did the court decide?

Direction to the S.S.P./S.P., Pratapgarh to ensure the investigation in F.I.R. No. 328/2025 is concluded expeditiously; liberty reserved to the petitioner to approach the concerned Magistrate in view of Sakiri Vasu vs. State of Uttar Pradesh and others, (2008) 2 SCC 409, failing which. ¶20

Ashish Kumar Vishwakarma @ Ashish Vishwakarma… — Murder and Culpable Homicide | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 763 of 2026

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Ashish Kumar Vishwakarma @ Ashish Vishwakarma (Complainant)

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Shanker Lal Pandey Counsel for Respondent(s) : G.A.

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Court No. - 10

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HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

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Heard Sri Shanker Lal Pandey, learned counsel for the petitioner and learned A.G.A. for the State.

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This petition has been filed with following prayers:-

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"(i) issue, a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to take appropriate legal action on the representation/application of the petitioner dated 20.12.2025 (Refer Annexure No.8) for fair and proper investigation in the noted case having F.I.R. No.328/2025(Refer Annexure No.1), under Section 302, 506 IPC lodged at Police Station Aaspur Devsara, District Pratapgarh on 29.11.2025.

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(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties for taking necessary legal action against the opposite party no.8 to 10 for their arresting in pursuance of impugned F.I.R."

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Learned counsel for the petitioner submits that the F.I.R. was lodged on 29.11.2025, but till date, investigation has not been concluded.

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Per contra, learned A.G.A. for the State, on the basis of instructions, submits that the investigation is going on. He further submits that the

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CRLP No. 763 of 2026

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investigation shall be concluded expeditiously.

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In view of above, this petition is disposed of with direction to the S.S.P./S.P., Pratapgarh to ensure that the investigation is concluded expeditiously, failing which, the petitioner shall have liberty to approach the concerned Magistrate in view of judgment of the Hon'ble Supreme Court rendered in the case of Sakiri Vasu vs. State of Uttar Pradesh and others; (2008) 2 SCC 409.

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(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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January 30, 2026

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Akanksha Sri/-

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Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Vishwakarma @ Ashish Vishwakarma (Complainant) v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Ashish Kumar Vishwakarma @ Ashish Vishwakarma (Complainant) v. State of U.P. Thru. Prin. Secy. Home Deptt. 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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