Pappu Lal Jaisawal v. State of U.P. and 4 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15373 of 2023 Petitioner :- Pappu Lal Jaisawal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kunjesh Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Kunjesh Kumar Dubey, learned counsel for the petitioner and Sri G.P. Singh, learned A.G.A. appearing for the State respondents.

¶2Present petition has been filed with the following prayers:- "A. A writ order order or direction in the nature of mandamus directing to the respondent no. 2 for investigate the matter in any other police station or any other agency in first information report dated 02.12.2022 in case crime no. 603 of 2022 under section 419, 420, 468, 406, 504, 506 I.P.C. at P.S. Jhunsi, District Prayagraj."

¶3Vide order of this Court dated 10.10.2023 learned A.G.A. was directed to seek instructions in the matter.

¶4Today learned A.G.A. submits that the statement of the informant under Section 161 Cr.P.C. has already been recorded.

¶5Be that as it may, in the present case the petitioner is seeking transfer of the investigation from one police station to another police station or to any other agency, we find that the grievance of the petitioner can be suitably redressed by the respondent no. 2-Police Commissioner, Prayagraj in the light of Circular No. DG 27 of 2014 dated 10.5.2014 issued in this respect. For this purpose the petitioner is at liberty to move application / representation before the respondent no. 2, who shall consider the same on its own merits without being influenced by any observation made in this order preferably within a period of one month.

¶6With the aforesaid observations, present petition stands disposed of. Order Date :- 18.10.2023 Lalit Shukla High Court of Judicature at Allahabad