HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22878 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Dinesh Kumar Mishra, the learned counsel for petitioner and the learned A.G.A. for respondents 1, 2 and 3. 2. Perused the record. 3. Petitioner-Prabha Shankar Tripathi, who is the first informant, has approached this Court by means of present criminal misc. writ petition with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased: (i) To issue a writ, order or direction in the nature of Mandamus directing the Respondents to conduct and conclude free and fair investigation in FIR dated 02.09.2023 registered as Case Crime No.515/2023 under Section 147,148,149,323, 504,506 and 308 IPC, P.S.-Handia, District-Prayagraj, within a stipulated time period as may be fixed by this Hon'ble Court. (ii) To issue a writ, order or direction in the nature of Mandamus directing the Investigating Officer to take necessary legal action and arrest the persons involved ATH in the crime registered as Case Crime No.515/2023 under Section 147,148,149,323, 504,506 and 308 IPC, P.S.-Handia, District-Prayagraj. (iii) To issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; and (iv) To Award the cost and compensation to the Petitioners for their harassment." 4. At the very outset, the learned A.G.A. representing State-respondents 1, 2 Versus Counsel for Petitioner(s) : Ankeshwar Mishra, Dinesh Kumar Mishra Counsel for Respondent(s) : G.A. Prabha Shankar Tripathi .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) and 3 has raised a preliminary objection by contending that in view of the law laid down by Apex Court in Sakiri Vasu Vs. State of Uttar Pradesh (2008), 2SCC 409, remedy lies to the petitioner to approach the concerned Magistrate for free and fair investigation. He, therefore, submits that present writ petition is, therefore, liable to be dismissed by this Court on the ground of alternative remedy. 5. When confronted with above, the learned counsel for petitioner could not overcome the same. 6. Having heard the learned counsel for petitioner and the learned A.G.A. representing respondents 1, 2 and 3 and upon perusal of record we find that the preliminary objection raised by the learned A.G.A. in opposition to this writ petition is clearly borne out from the record. 7. We, accordingly, dismiss the writ petition with liberty to petitioner to approach the jurisdictional magistrate. October 7, 2025 YK CRLP No. 22878 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad