Neutral Citation No. - 2025:AHC-LKO:36979-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5779 of 2025 Petitioner :- Yadhunath @ Jadhunath Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Alok Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. In view of the order proposed to be passed, notice to respondent nos.4 to 7 is dispensed with. 3. This writ petition has been filed with the following main prayer:- "(i). Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no. 2 to transfer the investigation of Case Crime No.0053 of 2025, under Section 103(1) of BNS, 2023, Police Station Naimisharadaya, District Sitapur to another police station of District Sitapur or any independent agency for making free and fair investigation in the matter so that the petitioner could get justice." 4. It has been submitted by learned counsel for the petitioner that petitioner had made an application on 01.04.2025 to Station House Officer, Police Station Naimishranaya, District Sitapur that the dog of one Raj Kumar having bit his son Ghanshyam and daughter Vitola. When the petitioner went to the house of Raj Kumar to make a complaint on 02.04.2025 asking him to chain his dog, the accused became annoyed and had beaten the petitioner and given threat of life. An FIR was lodged in Case Crime No.0051 of 2025, under Sections 291, 115 (2), 352, 351 (3) of BNS 2023 lodged by the son of petitioner against the accused persons. Subsequently, another FIR was lodged in Case Crime No.0053 of 2025, under Section 103(1) of BNS, 2023 against the accused persons. 5. Later on, on the death of Ghanshyam, the police is not doing anything in the matter and the accused are roaming free and extending threats to the petitioner, therefore, this writ petition has been filed with the aforesaid prayers. 6. Learned AGA has produced before this Court instructions sent by In-charge, Police Station Naimishrayana, Sitapur wherein it has been stated that during the course of investigation, Section 103 (1) of BNS has been deleted and Section 281, 106 (1), 324 (4) of the BNS have been added and the accused have been found to be falsely implicated. The investigation against unnamed accused is still going on. 7. In case, the petitioner is aggrieved by in action or partisan attitude of Police Station Naimishrayan, he has remedy of approaching the Superintendent of Police of the District concerned by moving an application along with evidence within two weeks from today. If such an application is made, the Superintendent of Police shall seek a report from the Investigation Officer and the Station House Officer concerned and then pass appropriate orders within four weeks thereafter. 8. The writ petition stands disposed of. Order Date :- 1.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench