Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23339 of 2024 Petitioner :- Shivdhar Respondent :- State Of U.P. Through Its Secretary (Home Affairs ) And 5 Others Counsel for Petitioner :- Ambuj Kumar Mishra,Vineet Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Shri Paritosh Malviya, learned A.G.A. for the State. 2. This writ petition has been filed praying for the following reliefs: "A. Issue a writ or direction in the nature of writ of Mandamus commanding to the respondent No. 1 to 2 to ensure the fair investigation in Case Crime No. 0229/2024 under Sections 498A, 304B IPC and 3/4 Dowry Act, Police Station Navabad, District- Jhansi and further direct the respondent 2 to 5 to carry out a speedy and expeditious investigation in the aforementioned case within a specified time (Annexure No.1 to this writ petition). B. Issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondent no. 2 to decide the representation of the petitioner dated 30.11.2024 represented by the petitioner within stipulated period as fixed by this Hon'ble Court. C. Issue a writ or direction in the nature of writ of Mandamus directing to the concerned respondent to take required action against the erroring officials and ensure the applicability. D. Issue a writ or direction in the nature of writ of Mandamus directing the respondent no. 3 to include the evidence provided by the petitioner relevant to this case to ensure the protection of natural justice and constitutional rights of the petitioner. E. Issue a writ or direction in the nature of writ of Mandamus directing the respondent no. 3 to ensure the security of the petitioner from respondent no. 6, when he tries to meet the concerned police authorities and to face proceedings of concerned court of Jhansi." 3. At the very outset, Shri Paritosh Malviya, learned A.G.A. for the State, raised an objection regarding the maintainability of the writ petition and stated that the accused-petitioner has no right to press the instant writ petition for ensuring a free and fair investigation, as the matter pertains to a death under suspicious circumstances. Whether he is named in the FIR or not would have no bearing on pressing the aforesaid relief. He further stated that it is implied that once the investigation is entrusted to the Investigating Officer, it is always expected that the investigation will be conducted with full uprightness. 4. Confronted with the situation, learned counsel for the petitioner states that even if the interim relief is accorded to the petitioner in anticipatory bail application, he does not want to press the writ petition and the same may be dismissed as not pressed. 5. The writ petition is dismissed as not pressed. Order Date :- 27.1.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad