Neutral Citation No. - 2025:AHC-LKO:47375-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7160 of 2025 Petitioner :- Jay Pal Sngh Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Krishna Gopal Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Krishna Gopal, learned counsel for petitioner, Shri Bhanu Pratap, learned Additional Government Advocate for the State-respondent and perused the material available on record. 2. In view of the proposed order being passed, notice to respondents No. 5 to 8 is hereby dispensed with. 3. By means of the present writ petition, the petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties particularly opposite parties no. 3 and 4 i.e., Sub Divisional Magistrate, Tehsil Nawabganj, District Barabanki and Superintendent of Police, District Barabanki respectively to decide application dated 27.07.2025 whereby the petitioner has sought transfer of investigation to any other police station for fair and proper investigation relating to F.I.R. dated 24.07.2025 registered as Case Crime No. 726 of 2025, under Sections 115 (2), 352, 351 (3), 109 (1) of Bhartiya Nyay Sanhita, 2023, Police Station Kotwali, District Barabanki. It has also been prayed that opposite parties particularly opposite parties no. 3 and 4 be directed to arrest opposite party nos. 5 to 8 pursuant to F.I.R. lodged in the aforesaid case crime. 4. The contention of learned counsel for petitioner is that pursuant to the information provided by the petitioner, an FIR bearing Case Crime No. 726 of 2025 was lodged and the investigation was conducted by the Investigating Officer. 5. It is submitted on behalf of the petitioner that F.I.R. has been registered under the serious sections including Section 109 (1) of the Bhartiya Nyay Sanhia, 2023 for attempt to commit murder in which the punishment is up to ten years. 6. The allegations made in the instant writ petition is that the case has not been properly investigated by the local police and the Investigating Officer is making undue pressure upon the petitioner for compromise. He further submits that without any legal provision challan has been presented before the court concerned, which is illegal and deserves to be cancelled. 7. The allegation levelled by the petitioner against the Investigating Officer is based on the ground that remand under Sections 170. 126 and 135 of the BNS is liable to be cancelled and the remand should have been sought from the competent court in serious sections of the FIR. 8. The submission of learned counsel for petitioner is that police of police station concerned has failed to discharge mandatory obligations and acting very high handedness in-spite of cognizable offence committed by the accused persons, which is absolutely illegal, arbitrary and against the spirit of law. 9. Learned A.G.A. for the State on the basis of instructions has submitted that during investigation Section 109 (1) of the Bhartiya Nyay Sanhita, 2023 has been deleted. 10. Having heard learned counsel for parties and perusal of record, this Court finds that aforesaid application dated 27.07.2025 as contained in Annexure No. 2 to the writ petition is addressed to the Hon'ble Chief Minister and not the opposite party no. 3 or 4 i.e., Sub Divisional Magistrate, Tehsil Nawabganj, District Barabanki and Superintendent of Police, District Barabanki respectively and as such, prayer made in the writ petition itself is not acceptable. The allegations made in the petition is vague in nature and without any substantial evidence. Merely on the basis of a bald allegation, the investigation cannot be transferred from one police station to another more particularly in exercise of powers under Article 226 of the Constitution of India. 11. It is well settled position of law that the Court should exercise its constitutional power for transferring an investigation from one investigating agency to another only in rare and exceptional cases. On this point, Hon'ble the Apex Court in the case of K.V. Rajendran Vs. Superintendent of Police, CBCID South Zone, Chennai and others reported in (2013) 12 Supreme Court Cases 480 in paragraph no. 15 as under:- "15. In State of W.B. v. Committee for Protection of Democratic Rights12 a Constitution Bench of this Court has clarified that extraordinary power to transfer the investigation from State investigating agency to any other investigating agency must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigation or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights." 12. In light of above, and looking to the prayer made in the writ petition, this Court does not find any reason to grant any relief as prayed for by the petitioner in the instant writ petition. 13. With the aforesaid observations, this petition is dismissed at the admissions stage itself. 14. Needless to say that it is always open for the petitioner to seek remedy before the appropriate authority strictly in accordance with law. . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan, J.) Order Date :- 13.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench