HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7439 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioners and Sri S.N. Tilhari, learned AGA for the State-opposite parties no.1 to 4. 2. By means of this petition, the petitioners have prayed following main reliefs:- "i. Issue a writ order in the nature of MANDAMUS commanding to the concerned opposite parties to produce the petitioner no.2 before the concerned Magistrate for recording her statement under section 183 BNSS, related to case crime no.449 of 2025 under section 87 BNS, Police Station - Mohammadi, District -Lakhimpur Kheri, in the interest of justice. ii. Issue a writ order in the nature of MANDAMUS commanding to the concerned opposite parties to produce the petitioner no. 2 for medical examination, in the interest of justice. iii. Issue a writ order in the nature of MANDAMUS commanding to the concerned opposite parties to do fair and proper investigation of the aforesaid case according to law, in the interest of justice." 3. Sri Tilhari has produced copy of instructions letter dated 11.08.2025 provided by one Sri Himanshu Anand Singh, Investigating Officer/ Sub Inspector, Police Station- Mohammadi, District- Kheri, the same is taken on record. Versus Counsel for Petitioner(s) : Ashish Kumar Singh, Ram Prakash Singh Counsel for Respondent(s) : G.A. Mahendra Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 4. As per the aforesaid instructions, after recording the statement of the prosecutrix under Section 180 BNSS, her statement under Section 183 BNSS has not been recorded as the Magistrate has refused to record her statement under Section 183 BNSS for the reason that in her statement recorded under Section 180 BNSS, she has not levelled any allegation against any person. Thereafter, she denied her medical examination. In view of the aforesaid fact, final report no.54/2025 dated 15.07.2025 has been filed before the Trial Court. 5. Learned counsel for the petitioners has stated that he is absolutely unaware about the aforesaid fact, therefore, he could not indicate this fact in his writ petition. 6. In view of the aforesaid facts and circumstances, nothing remains to be adjudicated in this petition. Accordingly, the present writ petition is consigned to record. 7. However, liberty is given to the petitioners to take appropriate remedy before the appropriate court of law/ authority, if they are so aggrieved. September 1, 2025 RBS/- CRLP No. 7439 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench