HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7514 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard. 2. This Court has passed the order dated 08.09.2025, which reads as under: "1. Heard learned counsel for the petitioner and Sri Arun Kumar Pandey, learned AGA for the State-opposite parties no.1 to 3. 2. By means of this petition, the petitioner has prayed following main relief:- "i. A writ order or direction in the nature of mandamus commanding the opposite parties to conduct further investigation of Case Crime No. 163 of 2024, under sections-191(2), 352, 115(2) & 351(3) of Bhartiya Nyaya Sanhita (BNS) 2023 Police Station-Alapur, District-Ambedkar Nagar, in fair, impartial & speedy manner." 3. Sri Pandey has produced copy of instructions letter dated 18.08.2025 provided by Sub Inspector, Police Station- Alapur, District- Ambedkar Nagar, the same is taken on record. 4. As per the aforesaid instructions, in the present case, after completion of investigation, charge sheet no.A-137/24 dated 06.08.2024 has been submitted before the supervisory authority and it will be sent to the court concerned very soon. 5. As per the aforesaid instructions, charge sheet has been submitted before the supervisory authority and the same has not been sent to the court concerned whereas on running page 55-56, a copy of order dated 23.09.2024 passed by the Additional Civil Judge (S.D.)/ACJM, Ambedkar Nagar has been enclosed showing that in the aforesaid case, learned Trial Court vide order dated 23.09.2024 took cognizance of the charge sheet and issued summons to the accused persons fixing the next date for 25.10.2024. Versus Counsel for Petitioner(s) : Suraj Singh, Gaurav Nigam Counsel for Respondent(s) : G.A. Ram Ujagir Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) 6. We are unable to comprehend that as to why the Investigating Officer has not indicated this fact in his instructions letter dated 18.08.2025 and the aforesaid instructions are creating confusion in the mind of the Court. Besides, in the same case crime number, the FIR was lodged under Section 310(2) BNS but in a certified copy, which has been issued (Annexure No.1), Sections 191(2), 352, 115(2) & 351 BNS have been indicated. However, in the instructions, all sections are same but in place of Section 351 BNS, Section 351(3) BNS has been indicated. In para-4 of the aforesaid instructions letter, this fact has been indicated that during investigation, the ingredients of Section 310(2) BNS have not made out. 7. Keeping in view the aforesaid facts and circumstances, since the Sub Inspector, Police Station- Alapur, District- Ambedkar Nagar has provided improper and incorrect instructions, therefore, he is required to appear in person on 10.09.2025. He shall explain his conduct as to why he has provided improper and incorrect instructions to the Court wasting precious time of the Court. 8. List/ put up on 10.09.2025. 9. Learned AGA shall intimate this order to the Sub Inspector, Police Station- Alapur, District- Ambedkar Nagar, who has provided the instructions, at the earliest, telephonically, e-mail or through any other convenient mode for its compliance. " 3. In compliance of the aforesaid order, Sri Arun Kumar Singh, Sub Inspector, Police Station- Alapur, District Ambedkar Nagar is present in person. 4. At the very outset, the aforesaid officer has tendered his unconditional apology saying that on account of pressure of work he could not provide the proper instructions but he will not repeat such type of lapse in future. 5. Considering the unconditional apology of the officer, who is present in person, he is excused. 6. Since, the chargesheet has been filed in the present case and learned trial court has taken cognizance so nothing remains to be adjudicated in the present writ petition, accordingly, the writ petition is consigned to the record. September 10, 2025 Reena/- CRLP No. 7514 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench