Neutral Citation No. - 2025:AHC-LKO:35111-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4905 of 2025 Petitioner :- Smt. Gudiya Devi @ Guddi Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Akhilesh Kumar,Indu Sharma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard. 2. Present petition has been filed for the following main relief:- "To pass an order or direction in writ nature of mandamus directing the opposite parties to conduct the fair and proper investigation against the named persons mentioned in Crime No. 0092/2025, u/s 115(2), 352 B.N.S. & Section 3(1)DA, 3(1)DHA, 3(2)(VA) SC/ST Act, P.S.- Phoolbehar, District- Lakhimpur Kheri, in the interest of justice." 3. Sri Arun Kumar Pandey, learned State Counsel based upon the instructions received submitted that in the matter, charge- sheet has already been filed under appropriate sections. 4. Taking note of aforesaid, upon being confronted, learned counsel for the petitioner submits that he may be permitted to withdraw the present petition. 5. Accordingly, the writ petition is dismissed as withdrawn. 6. It is open for the petitioner to move an appropriate application if required, in terms of Section 193(9) of BNSS, 2023, which shall be considered and decided after taking note of pronouncements on the issue including the judgment passed by the Hon'ble Apex Court in the case of Vinubhai Haribhai Malviya Vs. State of Gujarat AIR 2019 Supreme Court 5233. Order Date :- 9.6.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench