HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22949 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Mohammad Zafar Yab Khan, the learned counsel for petitioner and the learned Additional Government Advocate, representing State respondents 1 and 2. 2. Perused the record. 3. By means of the present writ petition, petitioner has prayed for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent No. 2 to do fair investigation in the present case relating to Case Crime No. 127 of 2025 (State Vs. Suraj and others), for the offence punishable under Sections 137(2), 87, 351 (3) of B.N.S., Police Station Dhebaruwa, District Siddharth Nagar or investigation of the present case may be directed to be given to some independent investigating agency. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to Versus Counsel for Petitioner(s) : Mohammad Zafar Yab Khan, Shahroze Khan Counsel for Respondent(s) : G.A. Sukhmati .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) handover the custody of the minor daughter of the petitioner to her. (iii) Any other writ, order or direction of suitable nature which this Hon'ble Court may deem fit and proper. (iv) To award the cost of the petition in favour of the petitioner." 4. At the very outset, the learned Additional Government Advocate has raised a preliminary objection by contending that in view of the law laid down by the Apex Court in the case of Sakiri Vasu v. State of U.P. and others, (2008) 2 SCC 409, remedy lies to the petitioner to approach the jurisdiction vested in respect of the grievances raised in present writ petition. As such, the present writ petition is liable to be dismissed on the ground of alternative remedy. 5. When confronted with above, the learned Counsel for petitioner could not overcome the same. 6. In view of above, this writ petition is, accordingly, dismissed on the ground of alternative remedy. October 9, 2025 Prashant D. CRLP No. 22949 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad