HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9235 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard. 2. The instant petition has been filed praying for a mandamus commanding the respondent-authorities to forthwith arrest all the accused named in the F.I.R. No.0308 of 2025 and take all necessary and effective steps for a fair, impartial and expeditious investigation. 3. The contention in the petition is that despite the aforesaid F.I.R. having been lodged against ten persons, the respondent-authorities are not investigating the matter fairly. 4. Considering the aforesaid, this Court had passed a detailed order on 10.10.2025. For the sake of convenience, the order dated 10.10.2025 is reproduced below:- "1. Heard Sri Ram Lakhan, learned counsel for the petitioner and Ms. Meera Tripathi, learned AGA for the State-opposite parties. 2. By means of this petition, the petitioner has prayed following main reliefs:- "(i) Issue a writ, order, or direction in the nature of mandamus commanding the respondent authorities to forthwith arrest all accused named in FIR No. 0308/2025 and take all necessary and effective steps for a fair, impartial, and expeditious investigation. A photocopy copy of the First information report being annexed herewith as Annexure No.1 to this petition. (ii) Issue a writ, order or direction to the concerned authorities to provide immediate Versus Counsel for Petitioner(s) : Ram Lakhan, Purnima Singh, Ram Ashish Counsel for Respondent(s) : G.A. Shalini Agnihotri .....Petitioner(s) State Of U.P. Thru. Chief Secy. Lko. And Others .....Respondent(s) and adequate police protection to the petitioner to ensure her safety and dignity in view of the repeated threats and assault from the accused persons; (iii) Direct the Superintendent of Police, Urnao to monitor the investigation personally and ensure compliance of statutory duties by the concerned police officers." 3. Learned AGA has produced copy of instructions letter dated 24.09.2025 provided by one Mohd. Rafiq, Sub Inspector, Police Station- Kotwali, District- Unnao, the same is taken on record. 4. Attention has been drawn towards Annexure No.2 of the writ petition, which is a report of investigation of Sub Inspector, Police Station- Dahi, District- Unnao wherein a fact has been indicated that during investigation, Section 70(1) of BNS has been added and this fact has been corroborated from the instructions letter dated 24.09.2025. 5. Learned counsel for the petitioner has stated that despite the aforesaid fact that Section 70(1) of BNS i.e. gang rape has been added, the accused persons have not been arrested. Learned counsel for the petitioner has further stated that he came to know from the reliable sources that two accused-persons have been granted anticipatory bail. Para-3 of the instructions letter dated 24.09.2025 reads that accused Nisha and Arvind have been granted anticipatory bail. 6. List this case on 29.10.2025. 7. On that date, Station House Officer, Police Station- Kotwali, District- Unnao and Station House Officer, Police Station- Dahi, District- Unnao i.e. opposite parties no.3 & 4 shall file their personal affidavits. The Investigating Officer of the case shall appear in person on the next date to apprise the Court about the current status and stage of the investigation and to clearly explain as to whether other accused persons have been apprehended or not. If the personal affidavits of opposite parties no.3 & 4 are not filed, both the authorities shall also appear in person. 8. Learned AGA shall intimate this order to the Station House Officers concerned telephonically, e-mail or through any other convenient mode for its compliance." 5. In pursuance to the earlier order, personal affidavits of the In-charge Inspector of Police Station Dahi, District Unnao and the In-charge Inspector of Police Station Kotwali, District Unnao have been filed today which are taken on record. 6. Learned A.G.A., on the basis of averments made in the said affidavits, has contended that in the said case a charge sheet has been filed on 14.10.2024. Out of the 10 persons, offences carried out by the 7 persons carry a CRLP No. 9235 of 2025 2 punishment of less than seven years while 2 other persons have been granted anticipatory bail by the competent court of law and one person is absconding against whom a non-bailable warrant has been issued on 27.10.2024. 7. Considering the aforesaid, it is apparent that the respondent-authorities are proceeding fairly in the matter. 8. Keeping in view the aforesaid discussion, the writ petition is consigned to records. October 29, 2025 S. Shivhare CRLP No. 9235 of 2025 3 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench