HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8085 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. Heard Sri Ashwani Singh, learned counsel for the petitioner and learned AGA. This petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party no.1 to 4 to proper and interest of investigation of take over the investigation of Case Crime No.0249/2025 under Section 103(1), 61 of BNS, Police Station Gudamba, District Lucknow dated 24.06.2025 to some independent agency and further direct to carry out speedy and expeditiously investigation in the aforementioned case. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party nos.1 to 4 to take appropriate action against the opposite party no.5 i.e. investigation officer and opposite party no.6 (Mamta and Vaishali & others) accused who have been out righting and honorably exempted from the said Case Crime No.0249/2025 under Section 103(1), 61 of BNS, Police Station Gudamba, District Lucknow in the interest of justice." Learned counsel for the petitioner submits that the petitioner who is the first and legitimate wife of the deceased has not been examined by the police during investigation and her statement has also not been recorded. The call details of the deceased and the second wife i.e. the complainant have not been considered, therefore, the petitioner has approached to the Versus Counsel for Petitioner(s) : Ashwani Kumar Singh Counsel for Respondent(s) : G.A. Renu Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others .....Respondent(s) Commissioner of Police,Lucknow with a representation for fair and impartial investigation for change of the Investigating Officer on 20.08.2025, contained in Annexure No.5 to the petition but no decision has been taken thereon till date. He relies on Babubhai versus State of Gujrat and Others;(2010) 12 SCC 254 and Kabir Shankar Bose versus State of West Bengal & Ors. Learned AGA, on the basis of instructions, submits that after investigation four persons have been arrested in the matter. However, he has no instructions as to what decision has been taken on the representation of the petitioner. In view of above, without entering into the merits of the case, the petition is disposed of with direction to the Commissioner of Police, Lucknow i.e. respondent no.3 to consider and dispose of the representation of the petitioner dated 20.08.2025 contained in Annexure No.5 to the petition, expeditiously, say within a period of two weeks from the date of receipt of certified copy of this order and communicate the order to the petitioner forthwith. September 8, 2025 Akanksha Sri/- CRLP No. 8085 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench