Citation : 2025 Latest Caselaw 1409 ALL
Judgement Date : 6 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:34850-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5062 of 2025 Petitioner :- Neelam Awasthi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Prabhu Ranjan Tripathi,Prem Shanker Pandey Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J.
Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Prabhu Ranjan Tripathi, learned counsel for the petitioner, Sri G.D. Bhatt learned A.G.A. appearing for the State/opposite parties and perused the record.
2. In view of the proposed order notice to opposite party No.4 is hereby dispensed with
3. By means of the present writ petition the petitioner has prayed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus to direct the opposite party No.2 and 3 to conduct fair impartial and fair investigation pursuant to FIR dated 06.02.2024 lodged by complainant at Police Station Sarojini Nagar, District Lucknow, bearing Case Crime No.0375 of 2024, under Sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 351 and Section 352 of BNS 2023 annexed here as Annexure No.1.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties by using scientific methods to conduct fair investigations.
(iii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.2 and 3 not to harass the petitioner unnecessarily."
4. Learned counsel for the petitioner has stated that the present petitioner is a lady and she is willing to appear before the court concerned and to file bail application. The direction may be issued to expedite the bail application in terms of the judgment of Hon'ble Supreme Court in Satendra Kumar Antil vs. CBI and others.
5. Therefore, without entering into merits of the case, we hereby disposed off finally at the admission stage giving liberty to the petitioner to appear before the court concerned within a period of one month from today, and may file her bail application taking all please and grounds which are available to her. If such bail application is filed by the petitioner, the same may be heard and disposed of with expedition without giving any unnecessary adjournment to any of the parties in the light Satendra Kumar Antil (supra).
6. It is needless to say that in the FIR in question, the fair and impartial investigation shall be conducted by the police personnel.
.
(R.M.N. Mishra, J.) (Rajesh Singh Chauhan, J.)
Order Date :- 6.6.2025
A.K. Singh
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