Dineshkumar Laxmi Yadav v. State of U.P. and 4 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18008 of 2023 Petitioner :- Dineshkumar Laxmi Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajendra Pratap Singh,Krishna Mohan Tripathi Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioner and learned AGA for the State.

¶2The writ petition has been filed seeking the following reliefs:- "1. Issue writ order direction in the nature of mandamus, directing the respondent no.3 4 and 5, to conduct the investigation of the First Information Report dated 05.08.2023, lodged at Police Station, Palghar, Biosar Road, Kolagaon, Maharashtra, as transferred by the Superintendent of Police, Palghar, State of Maharashtra with reference No. O.W.No. R/405/FIR Transfer/1758/2023 and Director General of Police Maharashtra with reference No. DGP/24/34/FIR Transfer/240/2023, to the respondent No. 1 and 4. II. Issue writ order direction in the nature of mandamus, directing the respondent no.3, 4 and 5, to expedite the investigation of the First Information Report dated 05.08.2023, lodged at Police Station, Palghar, Biosar Road Kolagaon, Maharashtra, transferred by the Superintendent of Police Palghar, State of Maharashtra with reference no. O.W.NO. R/405/FIR Transfer/1758/2023 and Director General of Police Maharashtra with reference No. DGP/24/34/FIR Transfer/240/2023, to the respondent no.1 and

4."

¶3Learned AGA has filed a counter-affidavit which is taken on record. It has been submitted that the first information report lodged at Police Station Palghar, Biosar Road Kolagaon, Maharashtra, was transferred to the Superintendent of Police, Mathura. On receipt of the first information report at Mathura, it is contended that an order has been passed remitting the documents to the District-Hodal, Harayana.

¶4Under the circumstances and since the investigation is to be conducted in the State of Harayana both the reliefs prayed for in this writ petition have been rendered infructuous.

¶5The writ petition is, therefore, dismissed as infructuous. Order Date :- 4.12.2023 Aditya Tripathi High Court of Judicature at Allahabad