[Cites 9, Cited by 0]
Allahabad High Court
Vijay Narayan Sharma vs State Of U.P. And 9 Others on 28 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:65469
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 1458 of 2025
Vijay Narayan Sharma
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Rakesh Dubey
Counsel for Respondent(s)
:
G.A.
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the petitioner and Sri Acharya Rajesh Tripathi, learned AGA for State.2. (i) The present writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature Certiorari to set aside the impugned order dated 02.01.2025 passed by Learned Chief Judicial Magistrate, Kanpur Nagar (Annexure no.25 to this petition) in Case Crime No.52 of 2024 Under Section-380, 384, 388, 504, 506, 120-B IPC at Police Station-Rawatpur, District-Kanpur Nagar.
(ii) He further prayed that issue a writ, order or direction in the nature of Mandamus commanding the Police Commissioner Kanpur Nagar to ensure fair and impartial investigation of Case Crime No.52 of 2024 Under Section-380, 384, 388, 504, 506, 120-B IPC at Police Station-Rawatpur, District-Kanpur Nagar, in accordance with law within stipulated period.
(iii) He further prayed that issue a writ, order or direction in the nature of mandamus commanding the respondent no 3 Investigating Officer/ Sub-Inspector, Rawatpur:
(a) to take steps for to collect all evidences/statements of eye-witness/ CCTV footages in the case diaries of Case Crime No 52 of 2024 Under Section-380, 384, 388, 504, 506, 120-B IPC at Police Station-Rawatpur, District-Kanpur Nagar, in accordance with law within stipulated period.
(b) to take steps against the accused person for their arrest and booked them in Case Crime No.52 of 2024 Under Section-380, 384, 388, 504, 506, 120-B IPC at Police Station-Rawatpur, District-Kanpur Nagar, in accordance with law within stipulated period.
3. Learned counsel for the petitioner submits that the petitioner had lodged an FIR against the private respondents, being Case Crime No. 52 of 2024, under Sections 380, 384, 388, 504, 506 and 120-B IPC, at Police Station Rawatpur (West), Commissionerate Kanpur Nagar. It is further submitted that an application was moved by the petitioner before the concerned Chief Judicial Magistrate, Kanpur Nagar, under Section 156(3) Cr.P.C. seeking monitoring of the investigation in the light of the judgment of the Hon'ble Supreme Court in Sakiri Vasu vs. State of U.P..
4. It is contended that no effective order was passed by the concerned Chief Judicial Magistrate and the application came to be rejected on the ground that a final report had already been submitted in the case. It is further submitted that from the order dated 02.01.2025 passed by the learned Chief Judicial Magistrate, Kanpur Nagar, it is evident that the said final report was still pending before the concerned Circle Officer (C.O.) for consideration.
5. Learned counsel for the petitioner further submits that the said final report remained pending before the C.O. for a long time and was not submitted before the learned Chief Judicial Magistrate for appropriate action.
6. Learned A.G.A. for the State submits that the final report has now been submitted before the Court of the learned Chief Judicial Magistrate, Kanpur Nagar. It is also submitted that the learned Chief Judicial Magistrate, in the order dated 02.01.2025, has observed that upon submission of the final report, appropriate orders shall be passed in accordance with law, including consideration of any protest petition, if filed by the petitioner.
7. Heard learned counsel for the parties and perused the material available on record.
8. From the present status, it appears that the grievance of the petitioner does not survive, inasmuch as the final report has already been submitted before the competent court. The petitioner is at liberty to appear before the learned Chief Judicial Magistrate, Kanpur Nagar and avail appropriate remedy available to him under law, including filing of a protest petition, if so advised.
9. Accordingly, the present petition is disposed of.
(Anil Kumar-X,J.)
March 28, 2026/Mukesh
