HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8738 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Avinash Singh Vishen, learned counsel for the petitioner and Sri Vipul Kumar Singh, learned State Counsel for the State-respondents as well as perused the material placed on record. 2. In view of the order proposed to be passed, notices to respondents No. 5 to 7 are hereby dispensed with. 3. This writ petition has been filed with the following prayers:- "(i) MANDUMUS commanding the Police Commissioner, Lucknow to ensure the Fair investigation under the FIR No. 0135/2025 Dated. 25.04.2025 u/s 103(1) of BNS Police station- Ashiyana, District-Lucknow as annexed in Annexure no. Pl. (ii) MANDAMUS directing the Investigation Officer in the FIR NO 0135 of 2025, Police station- Ashiyana, Lucknow to produce the complete case diary and all relevant investigation records before this Hon'ble Court, so that the Court may be satisfied whether the investigation is being conducted fairly and in accordance with law. " 4. At the very outset, Sri Vipul Kumar Singh, learned State Counsel appearing on behalf of the State respondent has informed on the basis of specific telephonic instructions that investigation has been completed in the present case and the police report has been submitted before the Supervisory Authority and the same may be sent to the Court concerned very soon. Versus Counsel for Petitioner(s) : Avinash Singh Vishen, Shishir Raj Counsel for Respondent(s) : G.A. Ajmatun .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 5. On that, learned counsel for the petitioner stated that in the present case, the investigation has not been conducted properly, in as much as, despite having credible and incriminating material relating to the allegation under Section 103(1) BNS, the police report has been filed under Section 108 BNS, though such police report has not been shown to the petitioner but he came to know the aforesaid fact through reliable sources. 6. Learned State Counsel has also informed that the police report has been filed under Section 108 BNS. 7. Be that as it may, if the fact is undisputed that the police report has been submitted before the Supervisory Authority, wherein in place of Section 103(1) BNS, such report has been filed under Section 108 BNS, and if the petitioner is aggrieved from such police report, it is always open for the petitioner to file an application/representation before the Supervisory Authority taking all grounds and pleas which are available to him under law and if the Supervisory Authority finds substance on such application/representation of the petitioner, appropriate order may be passed. If the such police report is sent to the Court, it is again open for the petitioner to file an appropriate application before the Court concerned taking all grounds and pleas, which are available to him under law apprising that aforesaid police report is based on improper investigation. It is needless to say that the concerned Court may pass appropriate order strictly in accordance with law on such application. 8. However, the fact remains that nothing remains to be adjudicated in this writ petition, therefore, this writ petition is consigned to record. September 24, 2025 Arun CRLP No. 8738 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench