Neutral Citation No. - 2025:AHC-LKO:42409-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6476 of 2025 Petitioner :- Complainant Of Fir No.-264/2025 And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Shailendra Kumar Misra,Chitrangada Narayan,Vartika Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed by the petitioners with the following main prayers : "(i) Issue a writ, order or direction in the nature of Mandamus, commanding the opposite party no. 2 conduct de-novo investigation of First Information Report (herein after referred to as FIR for the sake of brevity) FIR No- 0264 of 2025 under section 137, 87, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (herein after referred to as BNS for the sake of brevity) which was lodged at Police Station- Sandi, District-Hardoi registered on 27/05/2025 from some other police station beyond the jurisdiction of Bilgram Circle or to any other agency or except of Cercal Bilgram District Hardoi. as contained in Annexure No. 01 to this writ petition (ii). Issue a writ, order or direction in the nature of Mandamus, commanding the opposite party no. 2 to take appropriate disciplinary action against the opposite party no.6 to 10 for their illegal and dishonest conduct." It has been submitted by learned counsel for the petitioners that the petitioner no.1 is a complainant and the Investigating Officer posted at Police Station Sandi, District Gonda has conducted the investigation in collusion with the accused persons. The opposite party nos.4 to 10 are hand in gloves with opposite party no.6 and corrupt bank officials of Allahabad Bank. It has also been submitted by learned counsel for the petitioners that the petitioner no.2 is aged about 15 years and is a minor, but she was not produced before the Juvenile Justice Board or the Child Welfare Committee and was illegally detained in police station w.e.f. 30.05.2025 to 03.06.2025. The Investigating Officer has deliberately not added the relevant sections 65(1), 318(4), 336(3), 338, 340(2) of BNS as well as appropriate section of POCSO Act. The investigation has been closed on the basis of a forged transfer certificate and a forged Nikahnama. An amount of Rs.37,000/- was recovered from the bag of the victim, petitioner no.2, but it was taken way by Sanjai Rai, Investigating Officer and it has not been mentioned in the case diary. The Investigating Officer has deliberately and intentionally suppressed the fact of forcible marriage dated 28.05.2025 of the victim with the opposite party no.11, the main accused. The Investigating Officer, Sanajy Rai has closed the investigation and submitted a report in favour of the accused for extraneous consideration. Therefore, the petitioners have impleaded Sanjay Rai, Investigating Officer, K. K. Yadav, Station House Officer, Police Station Sandi, District Hardoi, Constable, Shri Anuj, Police Station Sandi, District Hardoi and Constable Manju, Police Station Sandi, District Hardoi in their personal capacities as opposite party nos.6 to 10 in the array of the respondents in the present writ petition. Learned A.G.A. has produced before this Court the instructions sent by Shri Arvind Kumra, Sub Inspector, Police Station Sandi, District Hardoi wherein it has been stated that after investigation the statement of the victim under Section 180 of BNSS was recorded and thereafter her statement Section 183 of BNSS was recorded by the Magistrate. Taking into consideration the educational certificate, medico-legal examination report and the statements of the Medical Officer, the victim, the accused, Alam alias Azam son of Hasmat Ali alias Kallu has been found guilty of offence under Section 137(2) /87 of BNS and the accused, Salman Khan son of Islam has been found guilty of the offence under Section 351(2) of BNS. Charge sheet no.205 of 2025 dated 30.06.2025 has been submitted to the Circle Officer, Bilgram, Hardoi for onward submission to the Court. Copies of such instructions as well as case diary are kept on record. The writ petition is disposed of with liberty to the petitioners to approach the Magistrate concerned in case they have any remaining grievances as per the observations made by Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others reported in 2008 (2) SCC 409. Order Date :- 23.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench