YOGENDRA PRASADversusSTATE OF U.P. AND 6 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

      CRIMINAL MISC. WRIT PETITION No. - 17412 of 2026

Yogendra Prasad
                                                        .....Petitioner(s)
                                Versus
State Of U.P. And 6 Others
                                                      .....Respondent(s)

Counsel for Petitioner(s) : Mani Ram Verma, Sudhir Kumar
                            Agarwal
Counsel for Respondent(s) : G.A.

Court No. - 47
                 HON'BLE RAJIV GUPTA, J.
                 HON'BLE DEVENDRA SINGH-I, J.

1. Heard learned counsel for the petitioner, learned AGA for the State
and perused the record.

2. The instant writ petition has been filed by the petitioner for the
following reliefs:-

     "(i) Issue a order, direction or writ in the nature of
     mandamus directing the respondent nos.2 & 3 to secure
     the fair and impartial investigation in pursuance of the First
     Information Report dated 17.08.2023 lodged by the
     petitioner against the respondent nos.4, 5, 6 & 7 in Case
     Crime No.573 of 2023, under Sections 498-A, 304-B, 315
     IPC and Section 3/4 of D.P. Act, Police Station
     Campierganj, District Gorakhpur.


     (ii) Issue an order, direction or writ in the nature of
     mandamus directing the respondent nos.2 and 3 to arrest
     the respondent nos.4 to 6 in pursuance of the first
     information report dated 17.08.2023 lodged by the
     petitioner forthwith.

     (iii) Issue any other writ, order or direction which this
     Hon'ble Court may deem fit and proper in the facts and
     circumstances of the case."
                                                                                       CRLP No. 17412 of 2026
                                                                 2


                                    3. Learned counsel for the petitioner has submitted that the petitioner
                                    is the first informant in the instant case and had lodged the First
                                    Information Report (F.I.R.), which was registered as Case Crime No.
                                    573 of 2023, under Sections 498-A, 304-B and 315 of the Indian
                                    Penal Code, 1860, and Section 3/4 of the Dowry Prohibition Act, at
                                    Police Station Campierganj, District Gorakhpur. Pursuant to the
                                    lodging of the said F.I.R., the police conducted an investigation and
                                    submitted a final report in favour of the accused persons on
                                    21.09.2023. Upon submission of the said final report, the learned
                                    Magistrate issued notice to the first informant. In pursuance of the
                                    said notice, the petitioner appeared before the learned Magistrate
                                    and filed a protest petition. Upon consideration of the said protest
                                    petition, the learned Magistrate rejected the final report and directed
                                    the police to conduct further investigation and submit a report in
                                    accordance with law.

                                    4. Learned counsel for the petitioner has next submitted that despite
                                    specific order passed by the learned Magistrate, the police has failed
                                    to conclude the further investigation and submit its report.

                                    5. Be that as it may be, the instant writ petition is disposed of with
                                    liberty to the petitioner to approach the competent Magistrate and
                                    ventilate his grievance by moving an appropriate application. In case
                                    the petitioner has already moved such an application, the learned
                                    Magistrate shall consider and decide the same by passing an
                                    appropriate order, strictly in accordance with law.

                                    6. With the aforesaid observations, the instant writ petition stands
                                    disposed of.

                                    September 28, 2026
                                    Sanjeet
                                                                (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad