Court No. - 11 Case :- CRIMINAL MISC. WRIT PETITION No. - 6908 of 2025 Petitioner :- Jitendra Kumar Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Daya Shankar Tiwari,Aditya Pandey,Manju Sonkar Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Brij Raj Singh,J. 1. Heard Sri D.S. Tiwari, learned counsel for the petitioner and Sri S.P. Singh, learned AGA for the State-opposite parties. 2. By means of this petition, the petitioner has prayed following main reliefs:- "1. To issue writ order or direction in the nature of Mandamus directing/commanding the Opposite Party No.3 to conduct fair and impartial investigation in the cases in which the petitioner has been implicated as explained in Para-3 of the writ petition. II. To issue writ order or direction in the nature of Mandamus directing/commanding the Opp. Parties No 2 and 3 neither to take any coercive measure against the Petitioner in pursuance to the impugned FIR's as explained in Para-3 of the writ petition till any cogent and reliable evidence is collected against the petitioner by the investigating agency." 3. Para-3 of the writ petition reads as under:- "3. That the Petitioner feeling aggrieved against the arbitrary, illegal and unjustified action of the Opposite Parties, being deprived of their personal life and liberty in pursuance to the impugned First Information Report's (in short F.I.R's):- 1. Crime No.0512 of 2024 under sections 305 BNS, Police station Pihani, District Hardoi dated 31/07/2024. 2. Crime No. 0513 of 2024 under sections 305 BNS, Police station Pihani, District Hardoi dated 31/07/2024. 3. Crime No.0514 of 2024 under sections 305 BNS, Police station Pihani, District Hardoi dated 31/07/2024. 4. Crime No.0538 of 2024 under sections 305/331(4) BNS, Police station Pihani, District Hardoi dated 10/08/2024 5. Crime No 0539 of 2024 under sections 305/331(4) BNS, Police station Pihani, District Hardoi dated 11/08/2024, in which the Petitioner is not named, is filing this instant writ petition in the nature of mandamus." 4. Sri S.P. Singh, learned AGA, has submitted, on the basis of written instructions, that the Investigating Officers are conducting fair and impartial investigations but the present petitioner is not cooperating. Presently, process under Section 84 of BNSS has been issued. Sri Singh has further submitted that without proper cooperation of the present petitioner, the investigations may not be concluded to its logical conclusion. 5. Having considered the submissions of learned counsel for the parties, the present petitioner is directed to appear before the Investigating Officer concerned on 11.08.2025 at 11:00 AM sharp to cooperate in the investigation and shall further cooperate in the investigation till filing of the police report so that fair and impartial investigation could be conducted and concluded strictly in accordance with law. 6. In the meantime, the petitioner may file appropriate application before the competent Court concerned making prayer in respect of the coercive measures, which have been adopted against the petitioner and any appropriate order may be passed by the Court concerned. Such exercise may be undertaken by the petitioner with expedition, preferably within ten days from today. 7. It is made clear that no interim order or protection has been granted by this Court, therefore, the Investigating Officer(s) may take appropriate steps against the petitioner, which are permissible under the law. 8. The writ petition is accordingly disposed of. [Brij Raj Singh,J.] [Rajesh Singh Chauhan,J.] Order Date :- 31.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench