HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8685 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Ms. Savita Tiwari, learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following prayer:- "Issue a writ order or direction in the nature of Mandamus directing to the O.P. Nos. 2 & 3 for proper and fair investigation of the Case Crime No.0294/2025, under Sections 302, 328 I.P.C.. Police Station- Chinhat, District- Lucknow, against the O.P. Nos. 4 to 6, on the basis of First Information Report dated 11-06-2025 lodged by the petitioner, annexed as Annexure No. 1 to this writ petition." 3. Learned counsel for the petitioner submits that the deceased had died on 07.01.2024 and after receipt of the post-mortem report, an application was given on 21.01.2024 for lodging the F.I.R, but the F.I.R. was not lodged and it was lodged on 11.06.2025 on the direction of learned Magistrate in another application moved by the petitioner under Section 175 (3) B.N.S.S., but till date, the investigation has not been concluded. 4. Learned A.G.A., on the basis of the instructions, submits that the viscera has been prepared and as the cause of death could not be ascertained and the report of the viscera has not been received, the investigation could not be concluded. 5. In view of above, the petition is disposed of with direction to Commissioner of Police, Lucknow East, (Commissionerate Lucknow) to Versus Counsel for Petitioner(s) : Suresh Chandra Srivastava, Savita Tiwari Counsel for Respondent(s) : G.A. Zahid Ali .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Others .....Respondent(s) ensure the receipt of the report of the viscera, conclude the investigation accordingly and submit the police report expeditiously, failing which, the petitioner is at liberty to approach to learned Magistrate in view of the judgment of Hon'ble Supreme Court in the case of Sakiri Vasu v. State of U.P. reported in (2008) 2 SCC 409. September 22, 2025 Arpan CRLP No. 8685 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench