HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9657 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned AGA for respondents no.1 to 4. 2. Instant petition has been filed praying for a mandamus commanding the respondent no. 2 to handover the investigation of Case Crime No. 0285 of 2025 under Sections 281, 105 BNS and 3(2)(5) of SC/ST Act, P.S. Khairabad, District Sitapur to some other competent police officer and to ensure fair and proper investigation in the matter. 3. The contention of the learned counsel for the petitioner is that despite the aforesaid FIR having been registered under the aforesaid provisions of law, no appropriate investigation is being carried out and neither the accused have been arrested. 4. Sri Anurag Verma, learned AGA on the basis of his instructions dated 13.10.2025 sent by Sri Yogendra Kumar, S.I., Police Station-Khairabad, District Sitapur states that two persons named in the FIR have already been arrested. During the course of investigation, the complicity of third person namely Sri Pradeep Yadav has also emerged, who filed an Anticipatory Bail Application No. 1472 of 2025 which has been disposed of by this Court. It is thus contended that fair and proper investigation is being carried out by the authorities. 5. Considering the aforesaid, it is apparent that the respondent authorities are carrying out fair and proper investigation in the matter. 6. Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of Uttar Versus Counsel for Petitioner(s) : Pradeep Kumar Mishra Counsel for Respondent(s) : G.A. Renu Pasi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) Pradesh and others - (2008) 2 SCC 409 has also held that if a person has a grievance that his FIR has not been registered or having been registered proper investigation is not being done then the remedy to the aggrieved person is not to go the High Court under Article 226 of the Constitution but to approach the concerned Magistrate under Section 156(3) of Cr.P.C. (now under relevant provisions of B.N.S.S., 2023). The same principle has been approved and reiterated by the Hon'ble Supreme Court in the case of M. Subramaniam and another Vs. S. Janaki and another, reported in (2020) 16 SCC 728. 5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appropriate application before the concerned Magistrate. In case the said application is filed the learned Magistrate shall proceed in accordance with law. (Mrs. Babita Rani,J.) (Abdul Moin,J.) October 17, 2025 AKK CRLP No. 9657 of 2025 2 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench