HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7652 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Bhanu Pratap Singh, learned counsel for the petitioner and Sri Arun Kumar Pandey, learned AGA for the State. 2. In view of the proposed order notice to opposite party no. 5 is dispensed with. 3. By means of this petition the petitioner has prayed following relief : "(i) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to conduct the fair, impartial and proper investigation into FIR/case crime no. 257/2025, under section-74, 351(3), 351(4) BNS, Police Station- Hardi, District- Bahraich. (ii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties no.3 and 4 to arrest the accused person in case crime no. 257/2025, under section-74, 351(3), 351(4) BNS, Police Station- Hardi, District- Bahraich after adding section 64 BNS on the basis of the statement under section-183 BNSS of petitioner. (iii) Issue a writ, order or direction in the nature of mandamus thereby commanding and direc ting the opposite party no. 3 i.e. Superintendent of Police, Bahraich to transfer the investigation in case crime no. 257/2025, under section -74, 351(3), 351(4) BNS, Police Station Hardi, District Bahraich to the other police station or another investigating agency, int he interest of justice." Versus Counsel for Petitioner(s) : Bhanu Pratap Singh Counsel for Respondent(s) : G.A. Km. Arju .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Others .....Respondent(s) 4. Learned AGA has produced the copy of instruction letter dated 07.09.2025 sent by Sub-Inspector / Investigating Officer, P.S. Hardi, District Bahraich, same is taken on record. 5. As per the instruction letter after recording the statement of the prosecutrix section 64 BNS has been added inasmuch as in the aforesaid statement the prosecutrix has recorded specific allegation against the opposite party no. 5. It has been further indicated in the instructions that the investigating officer is trying his level best to arrest the accused person for that the police has approached the home and other places of the opposite party no. 5. 6. Having considered the aforesaid instructions it is expected that since the specific allegation of rape has been levelled by the prosecutrix against the opposite party no. 5 while recording statement u/s 183 BNSS, therefore, appropriate investigation may be carried out by the investigating officer and the location of the accused person may be traced out at the earliest for taking legal steps. 7. In the wake of aforesaid development the prayer prayed in the writ petition may not be granted. 8. Writ petition is consigned to records. September 12, 2025 Om CRLP No. 7652 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench