Neutral Citation No. - 2025:AHC-LKO:8260-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1048 of 2025 Petitioner :- Ashok Kumar @ Ashok Joshi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Romit Seth Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Present petition has been filed with the following main prayers :- i. Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report as far as it is related to petitioner in case crime no.0555/2024, under section – 305 of BNS, police station – Maholi, District – Sitapur dated 05.11.2024 (as contained in Annexure no.1). ii. Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite parties no.1 to 3 not to proceed further against the petitioner on the basis of the impugned first information report. (As contained in Annexure no.1) and it is also further prayed that the Hon'ble Court may kindly be pleased to direct the respondent no.2 for fair investigation OR iii.Issue a writ, order or direction in the nature of Mandamus directing/ commanding the State- respondents concerned to entrust the investigation of the present case which is First Information Report dated 05.11.2024, registered as FIR No.555 of 2024, under section 305 of BNS, police station – Maholi, District Sitapur to any investigation such as (Crime Branch, Crime Investigation Department), CBCID Lucknow or any other agency so that a fair and impartial investigation may be carried out in the interest of justice. Written instructions filed today are taken on record. Heard the learned counsel for the petitioner and the learned A.G.A. who appears on behalf of the Opposite party no.1 to 3 and perused the record. In view of the order proposed to be passed, issuance of notice to the Opposite party no.4 is dispensed with. It has been submitted by the learned counsel for the petitioner that the petitioner is completely innocent and has been falsely implicated in the impugned FIR. It has been submitted that the prosecution story is that of theft and the petitioner has been granted bail by the court concerned but he has apprehension that the investigation shall not be carried out fairly and, therefore, he has filed this petition with the aforesaid prayer. Learned A.G.A. has produced before this Court the instructions sent by Shri Jitendra Kumar Singh, S.I. police station – Maholi, District Sitapur wherein it has been stated that charge sheet in the aforesaid case has been prepared namely charge sheet no.508/2024 dated 15.12.2024 which has been submitted on 16.01.2025 before the Court of learned Judicial Magistrate- II, Sitapur. Since the Charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the Charge-sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. The writ petition is disposed of leaving it open for the petitioners to approach the Appropriate Forum for raising their challenge to the Charge- sheet. Order Date :- 7.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench