HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 4686 of 2025 Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Counter affidavit filed today is taken on record.
2. Heard learned counsel for the petitioner and learned A.G.A. for the respondents-State.
3. Instant writ petition has been filed praying for a writ of mandamus commanding the respondents authorities to transfer the investigation to some other investigating agency and take appropriate action according to the procedure prescribed for investigation for cognizable offences.
4. Contention of the learned counsel for the petitioner is that an FIR dated 13.11.2021 was lodged as FIR No.0862 of 2025 against respondents No.4 to 9 for misappropriation of a vehicle. In the aforesaid FIR, a final report had been filed. The petitioner filed protest petition to the final report. On the protest petition, the learned Chief Judicial Magistrate, Barabanki vide order dated 19.11.2024, a copy of which is Annexure-1 to the petition, set aside the final report and directed for further investigation of the case.
5. Contention is that despite the aforesaid order being passed, the respondents-authorities have failed to conduct further investigation in the matter and are lingering on the case.
6. Learned A.G.A. on the basis of instructions states that the matter has again been investigated and a Final Report dated 21.07.2025 has now Versus
Counsel for Petitioner(s) : Vinay Kumar Verma, Neetesh Kumar Counsel for Respondent(s) : G.A.
Pramod Kumar @ Pramod Kumar Verma
.....Petitioner(s)
State Of U.P. Thru. Secy. Deptt. Of Home Lko.
And Others .....Respondent(s)
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been filed. It is contended that in case the petitioner is aggrieved by the Final Report dated 21.07.2025, he may file a protest petition before the competent court.
7. Considering the fact that Final Report has been submitted, nothing remains to be adjudicated in the matter. The writ petition is disposed of leaving it open to the petitioner to file a protest petition before the court concerned.
8. It is further provided that in case a protest petition is filed before the court concerned, the court concerned shall proceed to decide the matter expeditiously.
November 14, 2025
prateek CRLP No. 4686 of 2025
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(Mrs. Babita Rani,J.) (Abdul Moin,J.)
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