Neutral Citation No. - 2025:AHC-LKO:48619-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 9511 of 2024 Petitioner :- Pradeep Kumar (In Fir Pradeep Verma) Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Others Counsel for Petitioner :- Paritosh Shukla,Avnish Kumar Singh,Sukh Deo Singh Counsel for Respondent :- G.A.,Saurabh Kumar Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Avnish Kumar Singh, learned counsel for the petitioner and Sri G. D. Bhatt, learned A.G.A. for the State- respondents. 2. By means of this petition, the petitioner has prayed the following main reliefs: "(i) To issue a Writ, order or direction in the nature of Mandamus thereby directing the Respondent No. 3 for conducting free, fair and impartial investigation in FIR dated 09/10/2024 bearing FIR No. 297/2024, U/Ss. 191 (2), 103 (1), 61 (2), 3 (5) BNS, P.S. Dostpur, District- Sultanpur (Annexure-1), in the interest of Justice. (ii) To issue a Writ, order or direction in the nature of Mandamus thereby directing the Respondent No. 2 and 3 to include materials as mentioned in application dated 27/11/2024 as part of case diary (Annexure-4), in the interest of justice. (iii) To issue a Writ, order or direction in the nature of Mandamus thereby directing the Respondent No. 2 to consider and decide application dated 27/11/2024 (Annexure-4), in the interest of justice." 3. Learned A.G.A. has drawn attention of this Court towards Para 8 of the counter affidavit filed by the State wherein it has been categorically indicated that against the petitioner and against one Arjun Patel, investigation is pending and for remanding accused persons, charge sheet has been filed. He has further stated that the petitioner is an absconder, therefore, charge sheet has been filed against him. 4. On that, learned counsel for the petitioner has fairly admitted that against the petitioner, proclamation under Section 82/83 CrPC has been issued illegally. 5. Be that as it may, if the proclamation under Section 82/83 CrPC has been issued against the petitioner illegally, he has got appropriate remedy before the appropriate court of law challenging such proclamation order but the relief sought in this writ petition may not be granted. 6. Accordingly, we hereby dispose of this petition at the admission stage giving liberty to the petitioner to avail appropriate remedy before the appropriate court of law. Order Date :- 19.8.2025 (Manoj K.) (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench